Australia’s restaurant and hospitality businesses have just days left to prepare for new ‘right to disconnect’ rules taking effect on 26 August 2025, giving employees the legal right to refuse after-hours contact from employers.
The Fair Work Ombudsman announced that the right to disconnect, which has applied to larger employers since August 2024, will now extend to small business employees – including those across the hospitality sector.
Under the new rules, workers can legally refuse to monitor, read, or respond to work-related communications outside their scheduled hours unless doing so would be considered unreasonable.
The legislation covers all forms of contact, including calls, texts, emails, and messages from employers or third parties such as suppliers or customers. For restaurant operators who frequently rely on staff flexibility during busy periods or emergencies, the change represents a significant shift in workplace communication practices.
The Fair Work Ombudsman has developed specific resources for small businesses, including practical examples and videos available in multiple languages to help employers navigate the changes.
These materials outline factors that determine whether an employee’s refusal to respond is “unreasonable,” such as the nature of the employee’s role, the reason for contact, and the method of communication used.
Fair Work is encouraging restaurant operators to proactively discuss expectations around after-hours contact with their teams and establish clear policies before the 26 August deadline. The new rules come with workplace protections, and disputes can be resolved through Fair Work processes.
Additionally, from 26 August, eligible casual employees in small businesses can formally request conversion to permanent part-time or full-time positions, requiring employers to follow specific consultation and response procedures.
More information is available at Fair Work’s Right to Disconnect website.
