s333N-333Q: ss 333N to 333Q Resolve right to disconnect disputes and comply with FWC stop orders
Disputes about the right to disconnect are first discussed at the workplace; either party may then apply to the FWC for an order to stop the employee unreasonably refusing contact, or to stop the employer taking disciplinary or other action or continuing to require contact, or to otherwise deal with the dispute (by arbitration only with consent, s 333V). The FWC starts dealing with stop order applications within 14 days, and a person to whom an order applies does not contravene it. The FWC's written guidelines on the Division inform what is reasonable (s 333W).
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s333N-333Q. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Records of workplace discussions on disconnect disputes; Any FWC orders and evidence of compliance; Reference to the FWC right to disconnect guidelines in policy
What usually goes missing
Discipline before workplace discussion of the dispute; FWC order not implemented; Guidelines ignored in setting expectations
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.