Apply to deal with a dispute about the right to disconnect (Form F92)

An employer and employee may have a dispute about the right to disconnect. If the dispute can’t be resolved at the workplace, use Form F92 to apply to us to deal with it.

On this page:

Who can use this form
Before you start
Apply now
What happens next
Rules and regulations for this form

Who can use this form

Only use Form F92 if:

you are the employer or employee
the employer was not a small business employer on 26 August 2024
you have tried to resolve the dispute by having discussions at the workplace, but these discussions have not resolved the dispute, and
you want us to:
- make a stop order
- deal with the dispute in another way, or
- both.

Apply for a stop order

Apply for a stop order if you want us to make an order to:

prevent the employee from continuing to unreasonably refuse to monitor, read or respond to contact or attempted contact, or
prevent the employer, where the employee’s refusal to monitor, read or respond to contact or attempted contact is not unreasonable, from:
- continuing to require the employee to monitor, read or respond to contact or attempted contact, or
- taking disciplinary or other action against the employee because the employer believes the employee’s refusal to monitor, read or respond to contact or attempted contact is unreasonable.

Apply for us to deal with the dispute in other ways

We may also deal with the dispute in other ways. As a first step, we will usually hold a conference to help the employer and employee settle the dispute. At a conference, a Commission Member may mediate or conciliate, make a recommendation or express an opinion.

Before you start

An application is the start of a legal process. If you do not understand a question on the form you can contact us.

Have this information ready before you start. You will need to tell us:

your contact details
your representative’s contact details (if you have one)
details of the other party in the dispute (the employer or employee)
what the dispute is about
what has happened in the dispute so far
what you want us to do.

For more information about what we can do, go to Disputes about the right to disconnect.

We store your information in line with our Privacy policy for Form F92 (pdf).

Confidential (private) information

If you are worried about particular information being sent to the other people involved, don’t include it yet. Lodge your completed form and then contact us to talk about whether you should provide the information.

If you want to send us information that is confidential, you can apply for confidentiality orders (see Keeping a case confidential for more information).

A Commission Member will decide if orders should be made to keep some or all of your information confidential.

Apply now

Email your application to wdt@fwc.gov.au.

You can also send or deliver your document to the Commission office near you.

Form F92 (doc) – Application to deal with a dispute about the employee right to disconnect Form F92 (pdf) – Application to deal with a dispute about the employee right to disconnect

What happens next

After we receive your application, we will send (serve) a copy to the other party in the dispute and ask them to respond within 7 days.

We will contact you to tell you what will happen next.

Rules and regulations for this form

Fair Work Act 2009: section 333N