Right to Disconnect Policy Template (Australia)

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Use this policy to:
  • Set clear rules for disconnecting outside ordinary working hours;
  • Apply the s333M reasonableness test to out-of-hours contact decisions;
  • Set expectations for managers on limiting after-hours communication;
  • Document dispute resolution steps through the Fair Work Commission.

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Page 12 of 24: Right to Disconnect Policy section 1 and 2

About this Document

Use this policy if you:
  • Are an Australian employer within the national workplace relations system and need to document how employees disconnect outside ordinary working hours
  • Are a small business employer (fewer than 15 employees) newly covered by the right to disconnect since 26 August 2025
  • Have managers, team leads or staff who routinely deal with after-hours emails, calls or messages
  • Want to reduce the risk of a Fair Work Commission dispute, a stop order or a general protections claim
  • Need clear, written expectations on when out-of-hours contact is and is not appropriate
It is suited to:
  • Australian employers covered by the Fair Work Act 2009 (Cth), including small and medium businesses
  • Professional services, financial services and technology businesses where after-hours contact is common
  • Employers onboarding new managers or team leads who need written guidance
  • Any business wanting a documented approach to protect staff wellbeing and retention
What this policy covers:
  • Purpose, scope and key definitions, including contact, ordinary working hours and the right to disconnect
  • The employee right to refuse to monitor, read or respond outside ordinary working hours, on weekends or during paid leave
  • The s333M reasonableness test, including role, responsibilities, compensation and personal circumstances, with a worked example
  • Prior agreements for urgent deadlines and how those arrangements should be recorded
  • Expectations for managers and team leads, including scheduled-send practice and limiting out-of-hours contact
  • Protection against adverse consequences and alignment with general protections under the FW Act
  • Interaction with modern awards and enterprise agreements, plus internal breach handling
  • A dispute resolution pathway through the Fair Work Commission with a supporting process flow chart, and a key legislation and regulatory guidance reference table
You receive an editable Word document with placeholders for your company name, ABN, ordinary working hours, applicable awards and agreements, and your internal contact for concerns. It is a practical, lawyer-drafted starting point for your Right to Disconnect Policy, not a substitute for checking award-specific terms or obtaining tailored advice in complex or high-risk situations.

How To Use This Template

This template is a starting point, not a final document. It’s been drafted by Australian lawyers to be practical and flexible, but it still needs to be reviewed and tailored for your specific business, transaction and risk profile.

Before you use it, you should:

  • Complete all placeholders, bracketed items and optional fields;
  • Remove any drafting notes or clauses that aren’t relevant to your situation; and
  • Check that party names, entity details, dates, addresses, contact details and defined terms are accurate.

Make sure the template is consistent with your other documents and obligations – including any existing contracts, policies, procedures, website terms, privacy disclosures, regulatory requirements or internal governance documents. If anything conflicts, it should be resolved before you sign, issue, adopt or implement the document.

If you are using the template as an agreement, it should be reviewed and signed by all relevant parties in accordance with applicable law and your internal signing requirements. If you are using it as a policy, procedure, notice or compliance record, it should be approved and stored under your organisation’s normal document control processes.

This template is provided as general information only and is not legal advice. Complex, high‑value, highly regulated or cross‑border matters will usually require bespoke drafting. For anything outside a straightforward use case, we strongly recommend obtaining legal advice before relying on, signing or implementing this document.

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