Honour employees' right to disconnect (s 333M)
Employees can refuse to monitor, read, or respond to out-of-hours contact unless refusal is unreasonable.
Who must comply
All national-system employers.
What triggers it
Contacting employees outside their ordinary working hours.
When due
Ongoing.
Evidence required
Workplace policy covering right to disconnect, after-hours contact protocols.
Max penalty
Civil penalty for breach of FWC stop order — up to $19K per contravention
Summary
Section 333M of the Fair Work Act (in force since August 2024 for medium/large employers; August 2025 for small business) gives employees the right to refuse out-of-hours work contact from employers or third parties unless that refusal would be unreasonable. The FWC can make stop orders. Workplace policies should set expectations.
Enforced by
Source legislation
Topics
Source: https://fwc.gov.au/issues-we-help/protections-disputes/right-disconnect. Rules Mate is not a law firm. Always verify against the live regulator source before acting.