Australia Fair Work Act 2009 (Cth)
Part 2-9: Wages, deductions, pay secrecy, fixed term contracts, right to disconnect – Australia Fair Work Act 2009 (Cth)

Australia Fair Work Act 2009 (Cth) s333M: s 333M Respect the employee right to disconnect outside working hours

An employee may refuse to monitor, read or respond to contact or attempted contact from the employer, or from a third party about their work, outside working hours unless the refusal is unreasonable, weighing the reason for the contact, how it is made and how disruptive it is, the compensation (including non-monetary) for remaining available or working additional hours, the role and responsibility, and personal circumstances including caring responsibilities; a refusal is unreasonable where the contact is required by law. The right is a workplace right protected by Part 3-1, a more favourable agreement term continues to apply, and modern awards include a right to disconnect term (s 149F). The Division has applied to small business employers since 26 August 2025.

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 3 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

  • 333M-1-2 Respect employees' right to refuse out-of-hours contact from the employer and work-related third parties
  • 333M-3 Assess reasonableness using the statutory factors before insisting on a response
  • 333M-4-AA No adverse action for exercising the right to disconnect

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 2-9: Wages, deductions, pay secrecy, fixed term contracts, right to disconnect – Australia Fair Work Act 2009 (Cth)

Query this from an agent

The graph holds this control, the 3 it maps to, and the evidence behind each claim, over MCP and REST.