The right to disconnect, introduced through the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023, grants Australian employees the entitlement to ignore work-related communication outside of working hours, except when deemed unreasonable. This amendment seeks to balance work-life boundaries by allowing employees to disengage after work hours, unless specific criteria for reasonableness are met.

In this article recent decisions relating to ‘shift-work’ are explored emphasising the importance for employers to accurately evaluate what constitutes 'time worked' to avoid potential legal disputes and underpayment claims. It provides practical tips for employers to ensure compliance with pay-related obligations and provides guidance on determining whether pre-work activities should be considered 'work' and thus require payment.