What has changed
The Fair Work Commission has added a right to disconnect term into all modern awards. This term gives employees a formal right to refuse contact from their employer outside of their usual work hours. The case reference for the award variation process is AM2024/14.
When the rule applies
The commencement dates differ depending on business size:
- Businesses with 15 or more employees: the right to disconnect term started on 26 August 2024.
- Small businesses (fewer than 15 employees): the right to disconnect term starts on 26 August 2025.
Guidelines on the right to disconnect
On 21 November 2025, the Commission announced it will delay publishing written guidelines on how the right to disconnect works in practice. The Commission will wait until enough court and tribunal decisions exist to inform those guidelines.
Key actions
- If a small business employer (fewer than 15 employees), the right to disconnect applies to employees from 26 August 2025 - check your modern award now to read the new term that has been added.
- Review how your business contacts employees outside rostered hours (calls, texts, emails) and consider whether current practices are consistent with the right to disconnect term in your award.
- Subscribe to updates for your relevant modern awards at fwc.gov.au to be notified when guidelines or further decisions on the right to disconnect are published.
- Visit the Fair Work Commission major cases page for AM2024/14 at fwc.gov.au/hearings-decisions/major-cases/variation-modern-awards-include-right for documents including the award variation decisions.
This is a plain-English summary for information only, not legal or compliance advice. Always check the official source or consult a qualified professional.