Fair Work Commission

How the Commission can assist

Helping employers and employees solve workplace disputes or disagreements is one of the main functions of the Fair Work Commission. One of the objects of the Fair Work Act 2009 is 'providing accessible and effective procedures to resolve grievances and disputes.'

Sometimes this is done directly with the employers and employees, and sometimes with the help of employer organisations, unions or other representatives. Collectively, the people involved in a dispute are called 'the parties'.

The Commission can help in a number of ways:

1. Mediation – an informal process, where the Commission will work with all parties to figure out the best solution for everyone.
2. Conciliation – a semi-formal process, where the Commission will talk to both parties and discussions are held to help the parties come to an agreement about the solution.
3. Arbitration – a formal process, where if the parties are not able to agree to a solution the Commission can sometimes decide for them what the solution should be. This decision would only be made after the parties have had a chance to present their evidence and arguments.

Different methods are used to help resolve different types of disputes. To find out more about how the Commission will handle your dispute, go to the section of this website that talks about the kind of dispute or disagreement you have.

Who can seek help from the Commission

In general, the Commission can help resolve disputes involving employers, employees, unions and employer associations who are covered by the national workplace relations system.

These include:

• any employer that is a constitutional corporation
• any employer in Victoria, the Australian Capital Territory or the Northern Territory
• the Commonwealth (including any Commonwealth authority)
• any employee of one of the above types of employers
• a registered union or employer organisation.

Unsure if you are covered?

• Check the eligibility quiz or information resources called benchbooks on this website under the relevant topic (eg unfair dismissal, general protections, anti-bullying, industrial action)

How to apply for help with a dispute

To apply to the Commission for help with a dispute you will need to fill out a Commission approved application form. There are different forms for different types of disputes.

Once the form is complete you will need to lodge the form with the Commission, by following the instructions provided on the form.