Yes, your boss can contact you after hours. The right to disconnect doesn't make that contact unlawful. It gives you the right to refuse to monitor, read or respond to it outside your working hours, unless your refusal is unreasonable. It has applied at businesses with 15 or more employees since 26 August 2024 and at small businesses since 26 August 2025.
Updated 27 October 2026. The Fair Work Ombudsman and Fair Work Commission pages in the Sources list were read again that day.
What is the right to disconnect?
It is a right in the Fair Work Act that covers contact, or attempted contact, outside your working hours from your employer or from a third party such as a client, a supplier, staff at another business or a member of the public. Contact includes calls, emails, texts, social media and messaging apps. Our guide to monitoring at work covers what your employer can see on your work computer and chats.
It has applied since 26 August 2024 for employees of businesses with 15 or more employees, and since 26 August 2025 for employees of small businesses with fewer than 15. It covers national system employees. It doesn't cover independent contractors.
| Question | Answer |
|---|---|
| Business with 15 or more employees | The right has applied since 26 August 2024 |
| Small business with fewer than 15 employees | Since 26 August 2025 |
| Who is counted in the 15 | Employees of associated entities count. Casuals count only if they are engaged on a regular and systematic basis |
| Who has the right | National system employees. Independent contractors do not |
| Can your boss still contact you | Yes. The contact is not unlawful. You can refuse to monitor, read or respond unless that refusal is unreasonable |
| What makes a refusal unreasonable | The reason for the contact, how it is made and how disruptive it is, any extra pay for being available or for working outside your ordinary hours, your role and level of responsibility, and your personal circumstances including family or caring responsibilities |
| When you must respond | When a law requires the contact, and when you are on call or working overtime |
From the Fair Work Ombudsman's right to disconnect page and the Fair Work Commission's pages, read 27 October 2026.
When is refusing contact unreasonable?
If a law requires the contact, refusing it is unreasonable. Otherwise, these factors must be considered:
- the reason for the contact
- how the contact is made and how disruptive it is to you
- how much you are paid extra for being available, or for working outside your ordinary hours
- your role and level of responsibility
- your personal circumstances, including family or caring responsibilities.
Other matters can also be considered. The question is always whether your refusal was unreasonable.
The Fair Work Ombudsman gives two examples. A consultant works until 4 pm so he can collect his children from daycare. His manager was right not to contact him about an urgent client email at 4.30 pm, given his family responsibilities and that another consultant could help. An associate paid extra to act in her manager's role, and told the higher pay covers some out of hours work, could be unreasonable in ignoring an urgent call and text the evening before a client deadline.
Being on call or working overtime is different. You can be required to monitor and answer calls during those times.
What do awards and agreements say?
The Fair Work Commission has added a right to disconnect term to all 155 modern awards. Some awards set out when you can be required to respond, for example when you are paid an on-call allowance and the contact is to recall you to work. An enterprise agreement term that is more favourable to employees than the Fair Work Act still applies.
What happens if you and your employer disagree?
You must first try to resolve the dispute at work. If that fails, either you or your employer can apply to the Fair Work Commission. As an employee, you can ask the Commission for an order stopping your employer from:
- continuing to require you to monitor, read or respond to contact you have refused
- taking action against you because it believes your refusal is unreasonable.
The Commission can also hold a conference to try to resolve the dispute, and if both sides agree, a Commission Member can decide it. You can bring a support person or a union.
The right to disconnect is also a workplace right under the general protections in the Fair Work Act. Your employer can't take adverse action against you, such as dismissing you, demoting you or passing you over for promotion, because you used it. If you are dismissed for that reason, you have 21 days from the day after the dismissal to apply to the Commission.
How many corporate employees can't switch off?
In The Aussie Corporate 2026 Salary Survey, 31% of people say they cannot switch off from work. The share rises with pay:
| Base pay | Cannot switch off |
|---|---|
| Under $100K | 27% |
| $100K to $140K | 29% |
| $140K to $180K | 28% |
| $180K to $250K | 37% |
| $250K and over | 49% |
Share who cannot switch off from work by base pay, from The Aussie Corporate 2026 Salary Survey, data as at September 2026.
Half of in-house lawyers can switch off after work. At top-tier law firms it is a quarter. Every slide is on our 2026 Salary Survey page.
What did TAC readers tell us?
We asked our community whether they use their work phone as their personal phone, or carry two.
Most said they carry two.
Always two phones. Companies can monitor everything and it also allows for you to set boundaries with colleagues
Need personal phone so can turn off work phone on weekends holidays etc
I work in sensitive case management, so its more, I dont want my personal number being released to employees and it helps me switch off from work.
Just got my first work phone, and needed an upgrade of the personal... considered the one and my boss just said don’t do it you’ll never be away from work with one phone.
I have one phone, with my work number added via an e-sim and a separate work profile (android) that I can turn off when on leave/after hours etc.
When did the right to disconnect start in Australia?
On 26 August 2024 for employees of businesses with 15 or more employees, and on 26 August 2025 for employees of small businesses with fewer than 15.
Does the right to disconnect apply to small businesses?
Yes, since 26 August 2025. The Fair Work Ombudsman counts a business as small when it has fewer than 15 employees at the time, including employees of associated entities and casuals engaged on a regular and systematic basis.
Does the right to disconnect apply to contractors?
No. The Fair Work Commission says the right applies to national system employees and does not apply to independent contractors.
Can you be fired for using the right to disconnect?
Your employer must not take adverse action against you, such as dismissing you, demoting you or passing you over for promotion, because you used it. It is a workplace right under the general protections in the Fair Work Act, and you can apply to the Fair Work Commission, within 21 days of the day after a dismissal.
This is general information, not legal advice. Check your award or agreement for any right to disconnect terms that apply to you.
Sources
- Fair Work Ombudsman, Right to disconnect (the right, third parties and channels, start dates and small business definition, the factors, contact required by law, the two examples, on call and overtime, award clauses, disputes, workplace right, how employees are counted, last updated 18 June 2026, read again 27 October 2026)
- Fair Work Commission, What is the right to disconnect (national system employees, not independent contractors, a term in all 155 modern awards, more favourable agreement terms, last updated 26 August 2025, read again 27 October 2026)
- Fair Work Commission, Disputes about the right to disconnect (resolve at work first, stop orders, conference, arbitration by agreement, support person, adverse action examples, last updated 27 April 2026, read again 27 October 2026)
- Fair Work Ombudsman, Protections at work (21 days from the day after dismissal for general protections)
- The Aussie Corporate 2026 Salary Survey (cannot switch off by pay, survey average, government and in-house law figures)
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