Discuss after-hours contact before unclear expectations become a recurring problem. Agree ordinary working hours, the channel for genuinely urgent matters and how on-call work or additional hours are handled under the applicable conditions.
Under the national-system Fair Work right-to-disconnect guidance, employees can refuse to monitor, read or respond to contact outside working hours unless that refusal is unreasonable. The rule is not a blanket ban on an employer sending a message.
Understand what needs to be considered
FWO identifies factors including the reason for contact, disruption, compensation, the employee’s role and personal circumstances. Applicable awards and agreements may contain additional provisions. The facts matter; neither “the client says urgent” nor “it is after five” settles every situation.
As at 4 November 2026, the national-system right has commenced for both small-business and other covered employers. Confirm your employment-system coverage before applying this framework to a state-system role or assuming it governs an independent contractor arrangement.
Make ordinary expectations explicit
Ask when you are expected to be available and what counts as an urgent issue. A team may send messages at different times without expecting immediate replies. That distinction should be stated, not left for each person to infer.
For on-call work, clarify the roster, response expectations, equipment, compensation and backup arrangements. Do not assume a general salary automatically answers every question about extra availability or additional hours.
Our night-work guide discusses shift routines. A scheduled night shift is working time; an unexpected message during someone’s time off is a different question.
Use this conversation template
| Topic | Point to agree |
|---|---|
| Ordinary hours | The employee’s actual working pattern and time zone |
| Routine messages | Whether a reply can wait until the next working period |
| Urgent contact | Specific examples and the correct channel |
| On-call arrangements | Roster, responsibilities, compensation and backup |
| Personal circumstances | Relevant availability constraints discussed privately |
| Review | Who resolves uncertainty and when expectations are revisited |
The template supports a conversation. It does not override a workplace right, award, agreement or legal requirement.
A fictional workplace discussion
A fictional supervisor emails the whole team late at night to prepare for the next week. One employee believes a reply is required immediately, while another assumes it can wait. At a meeting, the supervisor confirms routine planning messages do not require an out-of-hours reply and identifies the separate channel for urgent operational matters.
They also agree to discuss any proposed on-call duties and applicable conditions before assigning them. The example reduces avoidable ambiguity; it does not decide whether a refusal would be reasonable in a different emergency or role.
Keep a record when expectations change
Confirm the agreed approach in a short written note. Revisit it when hours, role responsibility or caring circumstances change. A business operating across time zones may need clearer handovers so one person is not treated as permanently available.
If a disagreement arises, raise the specific contact and relevant circumstances through the workplace process. Use FWO guidance and the appropriate dispute-help route rather than assuming every message is unlawful or every refusal is protected.
Our major-event workday guide covers briefings and handovers. Clear responsibilities during work can also reduce unnecessary contact afterwards.
