How we deal with right to disconnect disputes

Before you apply, find out more about: 

• the right to disconnect

An eligible employer or employee can apply to us for

• a stop order
• help dealing with the dispute in other ways, or
• both of the above.

To apply, use form F92.
The employer or employee who applies to us is called the applicant.
An industrial association, or another person, can support or represent you:

• to make the application
• when we deal with the dispute.

If you want a lawyer or other paid agent to represent you in a conference or hearing, you will need to tell us and ask for permission. See Practice note: Lawyers & paid agents.

After we receive an application, we will email the applicant with information about next steps.

We will send a copy of the application and any documents with it to the other party in the case (the employee or employer). This party is called the respondent.

Note: If you are worried about particular information being passed on, don’t include it yet. Lodge your completed form and then contact us to talk about whether you should provide the information.

When we send a copy of the application to the respondent, we will ask them to tell us their side of the case. We will ask them to respond within 7 days using the F92A response form.

We will send a copy of the response to the applicant and their representative (if they have one).

Note: If you are worried about particular information being passed on, don’t include it yet. Lodge your completed form and then contact us to talk about whether you should provide the information.

We will assess each application, as well as any responses or objections, and then decide on the next steps. A Commission Member will decide the best process for dealing with the case.

We will try to resolve the case in a way that is fair, just and quick.

How we deal with the case will depend on whether the applicant has applied for a stop order or has asked us to deal with the dispute another way.

Not all cases follow the same process. Sometimes we will need to decide if the applicant is eligible to make the application before we can deal with the dispute. 

However, in most cases, we will start to deal with a dispute by holding a conference to see if the matter can be resolved.  At a conference, a Commission Member may mediate or conciliate, make a recommendation or express an opinion.  

If a conference does not resolve the case, the next steps will depend on the type of application.

Application for a stop order

If a conference does not resolve the case, we may list the application for a determinative conference or a hearing. A Commission Member will decide whether to make a stop order.

Application to deal with the dispute in another way

If the parties agree to arbitration, we can hold a determinative conference or hearing as part of this process.

In arbitration, we have broad powers, including to give an opinion and make orders:

• for compensation or
• for a person to take certain steps (such as change their behaviour or attend or provide training).