This section has information about what happens when you go to the Commission for conciliation (or mediation).
If you and your employer come to an agreement, that will be the end of the case. You may be asked to sign a written record of the agreement.
If you and your employer can't come to an agreement, the Commission will give you a certificate that says that conciliation was unsuccessful. Once you have a certificate, you may be able to apply to the Federal Court of Australia or the Federal Circuit and Family Court of Australia. For more information, see Step by step guide - After conciliation.
You should make sure you are on time. Don't be late.
If you can't make it or if you're running late, you should contact the Fair Work Commission (the Commission) straight away. The contact details will be on the Notice of Listing.
Every conciliation is different and will be depend on the circumstances of your case. However, the usual process is:
If the Commission member tells you that you don't have a good case, or it doesn't have merit, or it doesn't have 'reasonable prospects of success', you should get urgent legal advice.
You can ask the Commission member for an adjournment so that you can have some time to get legal advice, or consider something the Commission member has said. If the Commission member agrees to adjourn the conciliation, you may have to come back on another day.
Here are some tips for communicating during conciliation:
Sample: Sample – Chronology.
If you and your employer come to an agreement, that will be the end of the case. You should put any agreement in writing. For more information, see Step by step guide - After conciliation.
If you and your employer can't come to an agreement, the Commission will send you a certificate confirming that conciliation was unsuccessful.
Once you have your certificate, it is possible to:
For more information, see Step by step guide - After conciliation.
If the Commission member believes that you don't have a good case, or it doesn't have merit, or it doesn't have 'reasonable prospects of success', they should tell you. Sometimes they will write this on the certificate. If the Commission member tells you this or has put this on the certificate, you should get urgent legal advice before filing any further claims.
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