Preparing for a Fair Work Commission conciliation

Most unfair dismissal claims go to conciliation first. It's voluntary, confidential and less formal than a hearing — and the employers who arrive organised get the most out of it.

What conciliation is

Conciliation is a voluntary, confidential first step, led by a Commission staff member (a conciliator) — not a Commission Member. It's usually held online, takes up to about 90 minutes, and is organised as soon as possible after the application is received, typically 2 to 5 weeks later.

What happens in the meeting

• The conciliator explains their role and how the meeting will run.
• The employee and the employer each briefly explain what happened, the relevant facts and what they want as a result.
• The conciliator may ask questions, and may hold private discussions with each side in separate virtual rooms, passing proposals between them.
• Everyone comes back together to confirm either the terms of any settlement or the next steps, such as a formal conference or hearing.

Neither side has to reach an agreement. The conciliator doesn't give legal advice, decide what happened, or decide who is right. You can bring a representative or a support person.

How to prepare

The Commission says you don't need to prepare evidence or formal submissions for a conciliation — but the conversation goes better if you prepare. That means knowing the key dates, having a short factual chronology, having the dismissal letter and contract to hand, understanding the issues in dispute and the evidence on each, knowing what you want, and having the authority to agree terms on the day.

General protections conferences

For a general protections dismissal claim, the Commission also tries to resolve the dispute at a conference. If it isn't resolved, the Commission issues a certificate and the employee decides whether to take the matter further.

The WorkForceHelp conciliation pack

Upload what the employee has served on you and your own response and evidence, and WorkForceHelp prepares a conciliation preparation pack for your matter:

• a matter summary and the issues in dispute, with the evidence on each;
• your objectives, attendance and authority to settle;
• resolution terms to consider, including non-monetary terms;
• opening points and questions for the private sessions; and
• what happens after the conference.

It helps you prepare; it doesn't tell you what to offer or accept.

General information about the Fair Work Commission process, not legal advice about your matter. WorkForceHelp is not the Fair Work Commission and is not affiliated with it.