Section 333N — Fair Work Act 2009: Disputes about the employee right to disconnect

(1) This section applies if: (a) there is a dispute between an employer and an employee because the employee has refused to monitor, read or respond to contact or attempted contact under subsection 333M(1) or (2) and: (i) the employer reasonably believes that the refusal is unreasonable; or (ii) the employer has asserted that the refusal is unreasonable and the employee reasonably believes the refusal is not unreasonable; or (b) there is another dispute between the employer and the employee about the operation of section 333M. Workplace level discussions (2) In the first instance, the parties to the dispute must attempt to resolve the dispute at the workplace level by discussions between the parties. Application to FWC to deal with dispute (3) If discussions at the workplace level do not resolve the dispute, a party to the dispute may apply for the FWC to do either or both of the following: (a) make an order under section 333P (orders to stop refusing contact or to stop taking certain actions); (b) otherwise deal with the dispute. Representatives (4) The employer or employee to the dispute may appoint a person or industrial association to provide the employer or employee (as the case may be) with support or representation for the purposes of: (a) resolving the dispute; or (b) applying to the FWC to make an order under section 333P or otherwise deal with the dispute; or (c) the FWC dealing with the dispute. Note: A person may be represented by a lawyer or paid agent in a matter before the FWC only with the permission of the FWC (see section 596).