Preparing for conciliation - Worksheet
You can print this worksheet and fill it out to help you prepare for your
conciliation at the Fair Work Commission (the Commission).
Once you have filled it out, you can keep this worksheet with you during the
conciliation and use it to help you remember important information.
Don't give the worksheet to the employer or the Commission! These notes are
just for you.
1. Check the time and date
of the conciliation
If you have a good reason why you will not be available for the telephone
conciliation at the scheduled time, you should contact the Commission straight
Write any arrangements you need to make to be available at this time.
arrange time off from work
If you have started a new job and you do not want to discuss your application
with your new employer, it is possible to ask the Commission to reschedule your
conciliation for a different time or day.
2. Give your contact
telephone number(s) to the Commission
Use the contact details on the Notice of Listing to contact the
Commission and give them the telephone number or numbers that you want to be
- numbers provided
3. Ask for an interpreter if
you need one
If you did not request an interpreter in your application, tell the
Commission if you want an interpreter. The Commission will arrange one for
|Ask the Commission for an interpreter|| |
| ||Language||______________ |
| ||Any other requirements (for example dialect) ||______________ |
4. Read the employer's
Use this space to write down notes about the employer's response to your
application, including anything you believe is wrong or misleading.
Has the employer claimed that you are not able to make an application
(often called a 'jurisdictional objection')? If you are not sure, have a look at
part 4 of the employer's response to your application (Form F3). Make a note of
any jurisdictional objection so that you can get legal
advice on the issues raised by your employer.
5. Understand how the law
applies to your case
about unfair dismissal
You should make sure you understand national laws about unfair dismissal and
how they apply to you.
Read the materials on this website on What
is unfair dismissal? and Can
Use this space to write down notes about how the law applies to your case.
You could write down why you think the dismissal was unfair, for example if you
weren't given a reason for the dismissal you could write this. If your employer
has raised a jurisdictional objection, you could write down why you don't think
this applies in your case.
out if you are owed any money
You should also find out whether you are owed any other money by your
employer, such as:
payments in lieu of notice
leave payments or leave loading
long service leave or other statutory entitlements
To work out what you should have been paid and what you are owed, see Finding
Use this space to write down notes about any other payments the employer owes
you. It is possible to ask for these amounts to be included in any settlement
advice on Centrelink and other payments
Do you get:
|Centrelink benefits or |
|payments for a WorkCover claim? |
Get advice on what will happen to these payments if your employer agrees to
pay you compensation to settle the case.
legal advice and arrange representation
You should get legal advice.
You can talk to a solicitor about:
the strength of your case
what you might get if you went to hearing
whether you are owed any other amounts of money.
If you want a lawyer to represent you at the conciliation, you should arrange
Use this space to write down notes about how the law affects your case.
6. Think about what you
want to end the dispute
Think about what you want to ask for at the conciliation.
Do you want:
|To get your job back (reinstatement) or be given a new job
Use this space to write down some notes about how this could work.
- Do you think you should return to the same position or a new position?
- Do you want to be moved to another area or location at work?
- Do you want to work different hours?
- Do you want to be treated as if your employment had not stopped (so you will
have continued to accrue leave and other entitlements)?
- Is this realistic in your situation?
Weekly gross (before tax) wages: ______________
Use this space to
write down notes on the amount you are asking for.
- Compensation is usually described as a certain number of weeks wages.
- Think about whether you would accept a lower amount to settle the case now
rather than going to a hearing.
|Reference or statement of service |
Use this space to write down notes on what you would like to be written in a
reference or a statement of service.
|Any other amounts of money your employer owes you
At conciliation you can ask for these amounts to be paid to you. This could be
part of a settlement agreement. You could not get an order for these amounts if
your unfair dismissal case goes to a hearing (you would have to start a second
case to get unpaid wages). For help finding out if you are owed any money see Finding employment law. If you need more help, you should get legal advice.
Use this space to write down any other amounts of money you want to ask for.
- payments in lieu of notice
- underpaid wages
- leave payments or leave loading
- long service leave or other statutory entitlements.
|Something else |
Use this space to write down notes on anything else you want to ask for. For
- an agreement that you and the employer will not say bad things about each
- an agreement that you will resign instead of being dismissed.
7. Organise your
Prepare a list of the documents you want to have available during the
conciliation. It is helpful to have the documents in order, for example date
from earliest to most recent.
Some documents you should have are:
Your notes and/or a copy of this worksheet
A copy of your application
A copy of the employer's response
Your most recent usual pay slips
|Chronology (for more information, see How
to write a chronology) |
|Letters or emails from your employer to you about your work
performance and/or dismissal. |
For more information, see Going to conciliation - Step by step guide.