Short answer: Not much drama. And that’s a good thing.
So far, the Fair Work Commission has received just four applications under the RTD laws. All were resolved at the conciliation stage before any formal hearing. No big court battles, no hefty fines and no compensation orders. In fact, the only real remedy available is an order to stop unreasonable contact moving forward.
This isn’t to say the legislation hasn’t had an impact. If anything, it’s served as a helpful nudge for employers to reflect on communication habits—particularly around after-hours emails and messages. Clients tell us it’s encouraged a more intentional approach, with contact now more clearly framed as “urgent” or “non-urgent” and it’s forced improved operational habits around things can could interrupt staff outside of hours, to do with alarms, keys or codes and access to areas or responding to escalating complaints. That’s not a bad thing for culture.
Now, from 26 August 2025, the Right to Disconnect will apply to small businesses (those with fewer than 15 employees). But based on what we’ve seen so far in larger organisations, small businesses don’t need to panic. In most cases, a common-sense approach works well.
What should small business employers do?
- Review your guidelines: A quick refresh of your communication expectations, especially around after-hours work, is a smart move.
- Model good behaviour: Leaders who avoid unnecessary after-hours contact set the tone.
- Talk to your team: Open conversation about flexibility, availability, and boundaries goes a long way and it doesn’t hurt to have a written record of this topic being raised and what was agreed.
If you’re unsure how to navigate RTD ahead of the August change or it’s already causing you issues, give us a shout (in business hours… just kidding…) and we’re here to help.
But rest assured, this one’s not as scary as it first seemed.
