Pastoral Award 2020 — FWC Award text hosted by the Fair Work Ombudsman

FWC · MA000035 · Clause 6A

6A. Employee right to disconnect

[6A inserted by PR777997 from 26Aug24]

6A.1 Clause 6A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

6A.2 Clause 6A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

6A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

6A.4 Clause 6A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 43.6.

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Official document

Pastoral Award 2020 — FWC Award text hosted by the Fair Work Ombudsman ↗

Version

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2026 (PR799280, PR799316 and PR799473). ↗

Citation verified

26 Oct 2026

Operative note

Based on the current consolidated Award text incorporating amendments up to and including 1 July 2026. That consolidation date is not the commencement date of every provision; check the relevant variation and operative conditions when assessing an earlier period.