Most Perth businesses treated the right to disconnect as an HR policy update and moved on. Fewer have looked at what's actually generating the after-hours contact it addresses - Outlook notifications, Teams pings, and a work email account sitting on a personal phone with no boundary around it. That's an IT configuration problem as much as a policy document problem.
What the Right to Disconnect Actually Says
The right to disconnect, introduced into the Fair Work Act, gives employees the right to refuse to monitor, read, or respond to contact - or attempted contact - from an employer or a third party outside their working hours, unless that refusal is unreasonable. Whether a refusal is unreasonable depends on factors including the reason for the contact, how it was made and how disruptive it is, the employee's role and level of responsibility, whether they're compensated for availability outside normal hours, and their personal circumstances.
Who It Applies To, and Since When
The right to disconnect took effect for larger national system employers first, and was extended to small business employers - those with fewer than 15 employees - from 26 August 2025. Both thresholds are now active, which means the obligation applies broadly across Australian employers, not just large organisations with dedicated HR teams.
Why This Is an IT Policy Problem, Not Just an HR One
A written HR policy saying staff aren't obligated to respond after hours doesn't change much if the technical setup still pushes a notification to someone's phone every time an email or Teams message arrives at 9pm. The practical experience of "being contacted after hours" is shaped almost entirely by IT configuration - default notification settings, BYOD email access with no separation from personal use, and shared inboxes that alert everyone regardless of who's actually rostered on.
Practical IT Controls That Support the Policy
- Notification scheduling in Outlook and Teams - both support quiet hours and scheduled delivery, so messages composed outside work hours can land in an inbox without triggering a push notification overnight.
- Separating genuine on-call access from blanket after-hours access - a rostered on-call phone or app for the person actually on duty, rather than every staff member's personal device staying permanently connected to work systems.
- Mobile device management profiles that can restrict work app notifications outside rostered hours for staff who aren't in genuine on-call roles, without removing access entirely.
- A clear, written BYOD policy that distinguishes "access is available if needed" from "a response is expected," so staff and managers share the same understanding of what after-hours access actually means. See our guide to BYOD policy for Perth businesses for the wider security side of this.
- Manager training on scheduled send - many managers send messages when they think of them, not when they expect a response; scheduled send lets that habit continue without generating an after-hours notification.
What This Doesn't Mean
The right to disconnect isn't a ban on all after-hours contact, and it doesn't override genuinely agreed on-call arrangements where availability is a defined and compensated part of the role. It's built around reasonableness, not prohibition. The practical goal for most Perth businesses isn't eliminating after-hours messages entirely - it's making sure the technical setup matches the policy, so an occasional message doesn't create an implied expectation of round-the-clock responsiveness for staff who were never meant to have one.
Frequently Asked Questions
Does the right to disconnect mean I can never contact staff after hours?
No. It gives employees the right to refuse to monitor, read, or respond to contact outside their working hours without it being treated as misconduct, unless that refusal is unreasonable given the circumstances. It doesn't ban after-hours contact outright, and genuinely urgent or agreed on-call arrangements are treated differently to routine out-of-hours messages.
Does this apply to small businesses too?
Yes. The right to disconnect took effect for larger national system employers first, and was extended to small business employers (fewer than 15 employees) from 26 August 2025. Both thresholds are now in effect, so the obligation applies broadly across Australian employers regardless of business size.
What if our industry genuinely requires on-call staff after hours?
Genuine on-call arrangements aren't eliminated by the right to disconnect - what matters is whether the arrangement, and any compensation for availability, is reasonable and clearly agreed. The practical fix is usually separating on-call responsibilities and devices from blanket after-hours access for everyone else, so the expectation is explicit for the people actually rostered on, not assumed for the whole team.
Can we still send scheduled emails or updates outside work hours?
Generally yes - the right relates to an employee's obligation to monitor and respond, not to whether a message can be sent at all. Many businesses use scheduled send specifically so messages arrive at the start of the next working day rather than triggering a notification overnight, which reduces the practical pressure to respond immediately.
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Book a Free ConsultationFor related reading, see our guides to Hybrid Work IT Setup for Perth Businesses and AI Usage Policy for Staff.