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Fair Work Amendment (Right to Disconnect) 2023 [No. 2]
✦ Plain-English Summary
# Fair Work Amendment (Right to Disconnect) 2023
## What it does
Employers would be banned from contacting workers outside their normal work hours unless it's an emergency or the worker is being paid an "availability allowance" to stay on call. Workers also wouldn't be required to read, respond to, or monitor emails and calls outside their hours unless they're receiving that allowance.
## Why it matters
It's a direct response to the always-on work culture where people feel pressured to answer emails at 9pm or during their days off. This puts a legal boundary around that expectation—particularly important now that many Australians work from home and the line between work and personal time has blurred.
## Key details
- **The main exception**: Genuine emergencies or welfare concerns still allow contact anytime. If you're a hospital supervisor or work in crisis management, this still applies to you.
- **The loophole**: Employers can keep contacting workers if they pay them an "availability allowance"—basically extra money for being on call.
- **When it starts**: The law would begin the day after it receives Royal Assent (meaning it hasn't been passed yet—it's currently before the Senate).
Official Description
Amends the Fair Work Act 2009 to: prevent employers from contacting employees outside of work hours; and provide that employees are not required to monitor, read or respond to work communications from their employer outside of work hours.
Audit History
Introduced
27 Mar 2023
Last updated on APH
10 Apr 2026
Last checked by Crossbench
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