The right to disconnect: What pharmacy employers need to know

The right to disconnect came into effect for small business employees in August 2025, regardless of when the employee commenced their employment, and is reflected in Australia’s Fair Work Act 2009.

It is also embedded in Australia’s Pharmacy Industry Award 2020.It is designed to support employee wellbeing and work-life balance, while providing clarity for employers.

The right to disconnect allows employees to refuse to monitor, read, or respond to work-related contact outside their working hours, unless such refusal would be unreasonable.

This includes all forms of communication, for example phone calls, emails, text messages, and chat apps.

Reasonableness is assessed by considering:

• The reason for the contact (eg urgency, safety, or legal obligations)
• The method and level of disruption caused
• Whether the employee is compensated for being available outside hours
• The employee’s role and level of responsibility
• The employee’s personal circumstances, such as family or caring responsibilities.

For example, a pharmacist-in-charge may be reasonably expected to respond to urgent medication safety issues, while a casual pharmacy assistant may not need to reply to a roster query sent after hours.

Disputes should be first managed at the workplace level, however the Fair Work Commission has the power to make binding orders if required.

Practical steps for pharmacy employers

To comply with and manage the right to disconnect, pharmacy owners and managers should take the following steps:

1. Limit contact to work hours where possible
   Review current practices and, where feasible, restrict work-related communications to employees’ working hours.
2. Add a note to out-of-hours communications
   When it is necessary to send messages after hours (eg due to business demands), include a note stating no response is required outside working hours.
3. Review employment contracts
   Ensure contracts for relevant employees (especially those with higher responsibility or over-award pay) clearly outline expectations regarding out-of-hours contact and compensation.
4. Define responsible out-of-hours contact in policy
   Develop or update workplace policies to specify what types of out-of-hours contact are considered reasonable (e.g., emergencies, rostering, covering absences).
5. Comply with the Pharmacy Industry Award
   Regularly review workplace policies and practices to ensure they remain aligned with the right to disconnect provisions in the Pharmacy Industry Award and monitor updates from the FWC.

Trans-Tasman Comparison

Notably, although the right to disconnect is becoming increasingly standard practice overseas, no such right currently exists in New Zealand.

However, employees in New Zealand can still seek to enforce clear boundaries and are not generally required
to be available outside of their contracted hours.

For such a requirement to be lawful and enforceable, it should be recorded in writing in the employment agreement; the employee needs to be paid compensation for the availability (this can be included in part of a salary); and the employee
must have a minimum guaranteed hours of work.

Why this matters in pharmacy

Pharmacy professionals often work in high-pressure, community-facing roles with extended hours. The right to disconnect
provides a structured way to support mental health, reduce burnout, and foster a positive workplace culture.

Embracing these changes will improve staff retention, morale, and operational clarity.

The right to disconnect is not a barrier to business — it is a framework for fairness and sustainability. With thoughtful planning and open communication, pharmacy owners can implement these changes smoothly, ensuring compliance and supporting a healthier workplace.