On 26 August 2025, new laws will start for small businesses and their employees. These changes relate to the right to disconnect and the ‘employee choice’ pathway for casual employees. A small business is one which employs 14 or less employees by headcount. When counting the number of employees, employees of associated entities of the employer are included. Casual employees are not included unless engaged on a regular and systematic basis. 

Right to disconnect for small business 

For small business employers and their employees, the right to disconnect applies from 26 August 2025. This means that employees can refuse to monitor, read or respond to contact or attempted contact outside their working hours, unless their refusal is unreasonable. 

‘Employee choice’ pathway for casuals 

From 26 August 2025, eligible casuals in small businesses can notify their employer in writing of their intention to change to full-time or part-time employment. This is called the ‘employee choice’ pathway. A casual employee can also choose to remain casual.