Australia introduces $60,000 fine for bosses who disturb employees after hours

After a worker files a complaint, the Fair Work Commission of Australia will determine how "unreasonable" the boss's request was and will assess what penalty to impose.

Australian employees have been eagerly anticipating this Monday, as today marks the implementation of changes to the Fair Work Act, which prohibits managers from penalizing staff for not responding during non-working hours. Furthermore, as noted by The Guardian, bosses themselves may be fined for "unreasonably" disturbing an employee during their legitimate time off.

This amendment is referred to in the law as the "right to disconnect":

“The right to disconnect will allow employees to decline responses to work-related calls or messages during their downtime,” states the Australian Public Service Commission's guidelines.

Dr. Gabriel Golding from the University of Adelaide's law school suggests that a reduction in overtime (and unpaid) work could lower stress and burnout among employees, while employers might benefit from increased productivity during work hours:

“Employees will have a clear end to the workday and will no longer bear the burden of being available for work-related matters during their personal time, with certain reasonable exceptions.”

Similar laws are already in place under various enterprise agreements and in some European countries, with the European Commission still assessing their effectiveness.

The law comes into effect for all "national system employees" as of August 26, and for small businesses from the same date, but in 2025. At the same time, the prohibition is not absolute and provides for exceptions—when assessing a violation, the reason and manner of contact, personal circumstances, and compensation for calls made during non-working hours will all be taken into account.

Initially, the worker must file a complaint with their employer, after which the Fair Work Commission may act as a mediator or arbitrator. If a resolution is not reached amicably, the Commission may issue a penalty notice. For companies, this can reach up to $60,000, while individuals may face fines of up to $13,000, as noted by BBC.