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Right to Disconnect Awareness

A clear, practical guide to the employee right to disconnect under the Fair Work Act 2009 (Cth). Learn what section 333M actually gives you, why it is a right to refuse contact rather than a ban on contact being made, the factors that decide whether a refusal is unreasonable, how the right works around on-call, rosters, emergencies and client contact and what happens when an employer and employee disagree, as paced slides with diagrams, a workplace decision scenario, quick self-checks and notes on who the national workplace relations system covers in each state and territory.
What You Will Learn
- Explain what the employee right to disconnect in section 333M of the Fair Work Act 2009 (Cth) does and does not do
- Identify who the right covers, and when it started for small business and non-small-business employers
- Recognise the statutory factors used to decide whether a refusal to monitor, read or respond is unreasonable, and how they are weighed
- Describe how the right interacts with on-call arrangements, rosters, emergencies and third-party contact
- Outline the dispute pathway, the orders the Fair Work Commission can make, and the general protections that apply
Course Content
- Switching off after hours is now a right you can use
- By the end of this course, you'll be able to:
- The right to disconnect sits in the Fair Work Act 2009 (Cth)
- The one distinction you must not get wrong
- The right started on different dates depending on employer size
- Contact means far more than a phone call
- Who the right covers where you work
- Everything turns on one word: unreasonable
- Five factors the Act says must be taken into account
- Being paid to be available changes the picture
- Some contact can never be reasonably refused
- How the factors tend to line up in practice
- The right only bites outside your working hours
- On-call sits alongside the right, not against it
- Rostering and shift-swap messages need a plan
- Emergencies are different, so define them before one happens
- Third-party contact is covered where it relates to your work
- Every modern award now carries a right to disconnect term
- Policies set expectations; the right itself comes from the Act
- Set the expectations before you need them
- Small habits do most of the work
- Disputes follow a set order: the workplace comes first
- The Commission can make orders in either direction
- Refusing reasonably is a protected workplace right
- Always-on work and wellbeing: related subjects, different laws
- Now put the right to work
- Thursday night, and the phone lights up
- The six things to carry away
Who This Course Is For
All employees, team leaders, supervisors, managers and HR and payroll staff in Australian workplaces, particularly anyone who sends or receives work contact outside ordinary hours or who sets rosters, on-call arrangements or communication expectations.
Written by Kam Askari, Managing Director of Creative Directions Management Consulting Pty Ltd, ISO 9001, ISO 14001 and ISO 45001 Lead Auditor. MBA, Graduate Diploma in Occupational Health and Safety, MAICD. Checked against the sources listed below.
Sources and Legal References
This course is aligned to 6 official sources. Legal and regulatory references checked between 26 July 2026 and 3 October 2026.
Sources and Further Reading
This course draws on the following official sources. Always rely on the current version on the regulator’s website.
- LegislationFair Work Act 2009 (Cth)As at 26/07/2026
- LegislationOccupational Health and Safety Act 2004 (Vic)As at 31/08/2026
- LegislationOccupational Health and Safety (Psychological Health) Regulations 2025 (Vic)As at 31/08/2026
- LegislationWork Health and Safety Act 2011 No 10 (NSW)As at 03/10/2026
- LegislationWork Health and Safety Regulation 2025 (NSW)As at 03/10/2026
- LegislationIndustrial Relations (Commonwealth Powers) Act 2009 (NSW)As at 03/10/2026
Always rely on the current version on the regulator’s website.
Seven day refund if you have not started
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For employers and teams
Buy Seats for Your Team
$39.00 per seat, inc GST
Total inc GST$195.00
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What You Get
Certificate of Completion
This is to certify that
has successfully completed
All learning modules and the final assessment
Kam Askari
Director, Creative Directions Management Consulting Pty Ltd
This is a certificate of completion of a non-accredited professional development course. It is not a nationally recognised qualification, a VET statement of attainment, a competency card, a licence, or evidence of competency. It is issued by Creative Directions Management Consulting Pty Ltd, which is not a Registered Training Organisation.
Sample layout. Certificate ID WP-SAMPLE-0001 verifies as Hazardous Manual Tasks and Manual Handling Safety.
- Certificate verified by its ID
- 100% online, self-paced
- Six months of access
Bought for yourself: six months of access from the day you pay. Team seat: six months from the day the worker activates their code.
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