Introduction
An employee or employer can apply to us to deal with a dispute about the right to disconnect. As soon as we receive the application, we will contact you. You must reply within 7 days to tell us your side of the case.
On this page:
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Who can use this form
Only use Form F92A if:
- you have been sent (served) a Form F92 – Application to deal with a dispute about the employee right to disconnect, and
- the Form F92 names you as the respondent, or you are responding for the respondent.
Before you start
You are responding to an application that has started 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:
- the name of the person or entity that made the application (applicant)
- the Commission case number for the dispute (this will be on the documents we sent you)
- your contact details
- your representative’s contact details (if you have one)
- if you have any jurisdictional objections which may stop us from dealing with the case (for example, that the applicant is not your employee)
- what has happened in the dispute so far
- your response to the application
- any other relevant matters.
For more information, go to our Right to disconnect disputes webpage.
Only include copies of documents that are directly relevant to the claim. We will ask you later if we need more information, documents or evidence.
We store your information in line with the Form F92A privacy notice (pdf).
Confidential (private) information
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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.
Lodge now
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Email your response form to [email protected].
You can also send or deliver your document to the Commission office near you.
What happens next
You must send (serve) a copy of this response form and any supporting documents to the applicant and their representative (if they have one) within 7 days after we send you the application.
You can include the applicant in the email you send us. If you send your response to the applicant in a different way, you need to tell us.
We will contact you to tell you what will happen next.
Rules and regulations for this form
Fair Work Act 2009 Section 333N