From 26 August 2025, the Right to Disconnect became law for small businesses under the Fair Work Act. That means your employees now have a legal right to switch off outside their working hours and refuse unreasonable work contact. So, what counts as "unreasonable"? Unreasonable contact is any communication outside rostered or agreed hours that isn't: Critical (e.g. emergencies or urgent safety issues), Expected as part of the role (e.g. on-call workers), Compensated (such as through an on-call allowance or reflected in salary). Even if you're just “checking in” or sending a quick after-hours email, it’s the impact on the employee - not your intent - that matters. The law doesn’t ban after-hours contact - it gives employees the right to ignore it without consequences if it’s not reasonable. The Challenge for Employers Small business owners are often hands-on and operate outside 9–5. It’s not uncommon to shoot off an email or text late at night. But under this new law, those habits could land you in hot water - especially if an employee feels pressured to respond or penalised for not doing so. This shift means boundaries matter more than ever. Without clarity around roles, hours, and expectations, the risk of misunderstandings - and legal issues - goes up fast. 3 Things You Can Do Now ✅ Update your expectations around work hours and contact Clearly outline expectations around work hours, availability, and any after-hours duties to your managers, your team and if applicable in your position descriptions. Include in contracts if someone is compensated for after hours work. ✅ Create a simple communication policy Define what “reasonable contact” looks like for your team. This sets clear expectations and protects both you and your staff. ✅ Have the conversation Start open, non-confrontational chats with your employees about when and how you communicate. It’s a great opportunity to build trust while getting compliant. Not Sure What’s Reasonable? The safest way to move forward is to get tailored advice. Book a consultation with us - we’ll help you update your contracts, build a compliant policy, and ensure your business stays on the right side of the law.
One of the biggest workplace changes in 2025 is the new Employee Choice Pathway. It gives eligible casuals the right to request conversion to permanent employment and puts new responsibilities on employers to respond properly. Who’s Eligible? Casual employees can now request to go permanent if: They’ve worked for at least 12 months in a small business (less than 15 employees), or 6 months in a larger one. They believe their employment is regular and systematic - same days, same shifts, or the same number of hours each week. There’s a firm advance commitment to ongoing work (not just “as needed”). Once a request is made, you have 21 days to respond in writing. You can only refuse if you have reasonable business grounds and you must explain your reasons in writing. The Challenge for Employers Some businesses rely heavily on casual workers for flexibility. But if you’ve got staff working fixed schedules for months at a time, they may no longer meet the casual definition. Refusing a request without solid grounds could expose your business to claims of unfair treatment or breach of the Fair Work Act. Many businesses assume “casual” means low commitment, but the law now says otherwise when you are using your casual in a regular and systematic way. 3 Things You Can Do Now ✅ Audit your casual workforce . Look at each casual’s hours and patterns of work. If it’s regular, systematic, and ongoing - you may have a future permanent employee on your hands. ✅ Prepare a process for responding to requests. Have a clear, documented process for handling conversion requests. Know the legal grounds for refusal, and don’t leave it until day 20 to decide. ✅ Talk to your casuals. A quick chat can prevent confusion or surprise. Let them know their rights and ask about their long-term goals - it’s a chance to retain great talent. ✅ What if a casual wants to stay casual? This is fine, but make sure you get their preference in writing – letter, email or text is fine, but make sure you keep a copy on their file. Need Help Navigating This? We help businesses assess casual arrangements and respond to conversion requests the right way. Book a consultation with one of our expert consultants, we’ll guide you through the steps and make sure your contracts and policies are solid.
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