The first stage of most workplace claims is a conciliation conference conducted by the relevant Commission. Conciliation can be a very daunting process if you are not experienced in the field. Being forced to think on your feet and try to come to a negotiated settlement with a powerful employer can be difficult. We have powerful negotiation skills and in-depth knowledge of your rights to make sure you get the best outcome for your claim.
In discrimination and sexual harassment complaints, a conciliation conference is generally an in-person meeting, giving parties the opportunity to discuss the issues negotiate a settlement to the claim. If the matter doesn’t settle at conciliation, the matter can be pursued at the relevant Court or Tribunal.
Fair Work Conciliation and Mediation in Australian Workplaces
Unfair Dismissal Conciliation
The first stage in an Unfair Dismissal dispute is a conciliation conducted by the Fair Work Commission. This conciliation is usually conducted via telephone and presided over by a professional conciliator from the Commission.
Most claims will settle at the conciliation stage. This is the best opportunity to put forward the arguments as to why your dismissal was unfair and in breach of the Fair Work Act. During this conciliation the applicant will have an opportunity to put forward their side, and the respondent will also have an opportunity to state why they believe the dismissal was fair.
Don’t feel like you have to do it alone. Australian Workplace Discrimination Representatives (AWDR) has experienced representatives who are able to fight for your rights and represent you in the conciliation. We can take care of everything.
Our representatives use a combination of negotiation skills, legal knowledge, and experience in the area of industrial relations to put forward every effort to obtain a positive settlement on your behalf.
If you have an upcoming conciliation, call our offices today! We can help!
TOLL FREE: 1800 333 666
Fair Work Conciliation Statistics
In the period 1 July 2012 to 31 January 2013, the Commission conducted conciliation conferences for 6077 claims for unfair dismissal. Of these, 81% were able to be settled at the conciliation stage.
Please note, these statistics refer to all claims lodged at FWC, not just those lodged by AWDR.
The following table summarises settlements achieved during conciliation conferences within this timeframe.
| Conciliation Results | Number of settlements | Percentage of settlements |
| Settled | 4941 | 81% |
| Settled: monetary | 898 | 15% |
| Settled: non-monetary | 1183 | 19% |
| Settled: monetary + non-monetary | 2774 | 46% |
| Settled: reinstatement | 56 | 1% |
| Settled: reinstatement + monetary | 14 | 0% |
| Settled: reinstatement + non-monetary | 11 | 0% |
| Settled: reinstatement, monetary + non-monetary | 5 | 0% |
| Not Settled | 1136 | 19% |
| Not settled at conciliation | 1096 | 18% |
| Not settled: settlement collapsed | 40 | 1% |
Conciliation Outcomes
In addition to monetary compensation from employer, many individuals also seek non-monetary items, such as references or statements of service.
From the settlements achieved, the following table summarises the amounts, as well as the non-monetary items which were agreed to as part of a settlement:
| Conciliation Outcomes | Number of settlements | Percentage of settlements |
| Settlements involving money | 3681 | 100 |
| $0-$999 | 310 | 8% |
| $1,000-$1,999 | 617 | 17% |
| $2,000-$3,999 | 940 | 26% |
| $4,000-$5,999 | 662 | 18% |
| $6,000-$7,999 | 404 | 11% |
| $8,000-$9,999 | 237 | 6% |
| $10,000-$14,999 | 283 | 8% |
| $15,000-$19,999 | 97 | 3% |
| $20,000-$29,999 | 91 | 2% |
| $30,000-$39,999 | 21 | 1% |
| $40,000-maximum amount | 12 | 0% |
| >maximum amount | 7 | 0% |
| Settlement involving non-monetary items | ||
| Apology | 63 | N/A |
| Employment separation certificate | 182 | N/A |
| Payment in kind | 33 | N/A |
| Provision of information or undertaking | 815 | N/A |
| Reference | 336 | N/A |
| Resignation | 1934 | N/A |
| Return of property | 85 | N/A |
| Statement of service | 2688 | N/A |
| Withdrawal of allegation(s) | 20 | N/A |
| Withdrawal of application | 634 | N/A |
The above data is from the Fair Work Commission, and can be accessed here:
Source: Fair Work Commission Australia
