​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |
LawAccess NSW > Representing Yourself

After conciliation - General protections dismissal

    If you agreed at conciliation - Settlement

    If you and the employer can agree about how to end the dispute, the Fair Work Commission member (the Commission member) will suggest you put this agreement in writing. You can either use a Deed of Release or a Terms of Agreement.

    The Commission may provide you with a Terms of Agreement document to complete and sign. Sometimes the employer may ask to use a Deed of Release instead of Terms of Settlement/Agreement. A Deed of Release is another type of legal document that sets out how you will end the dispute. For more information, see Sample deed of release.

    The Terms of Agreement or Deed of Release will usually settle all claims between you and the employer. Before you sign anything, you should be sure that you are not owed any other money or entitlements by your employer. For example, annual leave payments, underpaid wages, long service leave or money for injury claims. If you are owed money or are considering making a claim about an injury, it is possible to write a settlement agreement that only settles the general protections claim and leaves you the option of making other claims.

    Alert Icon  You should get legal advice before signing Terms of Agreement or a Deed of Release so that you understand how it will affect you. You should also get advice about whether the Terms of Agreement or Deed of Release will affect your rights to make other claims

    Hint icon  You can still make a workers compensation claim if you sign a Deed of Release. It is not possible to write a deed that takes away this entitlement.

    Once an agreement has been made and both sides have done what they agreed to do, you should file a Notice of Discontinuance. This tells the Commission that you do not want to continue with your application. The Commission may refund your application fee if your case settles.

    Alert Icon  You should not file a Notice of Discontinuance (a form that ends your case) with the Commission until your employer has done what they agreed to do in the settlement agreement (for example, paid you the agreed settlement amount).

    If your employer does not do what it agreed to in the agreement, it is possible to take steps to enforce the agreement. For more information, see Enforcing agreements.

    If you could not reach agreement at conciliation - Certificate

    If you and your employer can't come to an agreement, Fair Work Commission (the Commission) must issue you with a certificate. The certificate is proof that you went to the mediation or conciliation conference and confirms that you were not able to settle the case.

    Alert Icon  If the Commission member believes that you don't have a good case, 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.

    For an example of what a certificate looks like, see Sample certificate.

    Once you have your certificate, it is possible to:

    • ask the Commission to arbitrate (a type of hearing) if you and your employer agree
    • apply to the Federal Court or Federal Circuit Court.  

    Alert Icon  You must apply to the Commission or the Federal Court or Federal Circuit Court within 14 days of the Commission issuing the certificate.

    Both the Commission and the court can make orders:

    • stopping your employer from doing things that breach laws about general protections
    • for reinstatement (getting your job back or giving you a similar job)
    • for compensation

    The Federal Court or Federal Circuit Court can also make orders that your employer pay a fine (penalty) in some cases. For more information about starting a court case in the Federal Circuit Court, see Going to the Federal Circuit Court.

    Consent arbitration at the Fair Work Commission

    If you want the Commission to hold an arbitration hearing and decide your case (and your employer agrees), you will need a Form F8B: notification of agreement - consent arbitration form. You can get copies of the form from:

    Instructions: For detailed instructions on completing the form, see Instructions for filling out a notification of agreement - consent arbitration form.

    Sample: To see what a completed application form could look like, see Sample notification of agreement - consent arbitration form.

    You can lodge the form:

    Alert Icon  You should get legal advice before consenting to having your case heard by the Commission.

    The Fair Work Commission will notify you of the date for a hearing and what needs to be done before the hearing, such as filing and serving witness statements and evidence.

    For more information about what happens and how to prepare for arbitration in the Commission, see Arbitration.

    For answers to commonly asked questions, see Going to the Fair Work Commission - Frequently Asked Questions.
    Picture of a person writing in a notebook at conciliation