Right to Disconnect

Abstract

The right to disconnect has been recognised in Australia following the passage of the Fair Work Legislation Amendment (Closing Loopholes No 2) Act 2024 (Cth). In short, the right allows employees to refuse to read or respond to communications from their employer or third parties about work outside of working time. This article will critique the adequacy of the model chosen by the Australian Parliament by reference to the rationale for implementing the right to disconnect and whether there are alternative mechanisms in Australia which are sufficient to achieve the same outcomes.