Form 941 Quarterly Payroll Tax Return Due (Q3)
Why this matters.
Since 26 August 2024, employees of non-small business employers in Australia have had a legal right to disconnect, and since 26 August 2025 it has also applied to employees of small businesses with fewer than 15 employees. Under section 333M of the Fair Work Act 2009, an employee may refuse to monitor, read or respond to contact, or attempted contact, from their employer outside working hours unless the refusal is unreasonable. The same applies to work-related contact from third parties such as clients or suppliers. Whether a refusal is unreasonable depends on factors including the reason for the contact, how it is made and how disruptive it is, whether the employee is paid to be available or for extra hours, their role and level of responsibility, and their personal circumstances such as caring duties. Modern awards now also contain a right to disconnect term.
The law does not ban employers from contacting staff after hours, but it does change how you should do it. If a dispute cannot be resolved at the workplace, either side can ask the Fair Work Commission to deal with it, and the Commission can make an order to stop the unreasonable refusal or the contact. Breaching a stop order attracts civil penalties. The right to disconnect is also a workplace right, so disciplining or dismissing someone for exercising it can be adverse action under the general protections in Part 3-1 of the Act, with penalties per contravention and possible compensation. Clear policies, sensible rostering and paying for on-call time are the simplest way to stay compliant and keep staff onside.
