Sometimes, albeit quite rarely, the Fair Work Commission will conduct a “determinative conference” to resolve an unfair dismissal claim which is proceeding through the Commission and which has not been resolved by conciliation.
The is an alternative method of determining a claim to the traditional, and far more frequent, use of arbitration. This is what the Commission’s unfair dismissal benchbook says about the issue.
“A determinative conference is a proceeding which is conducted in private, and results in a decision.
In private means that members of the public are excluded. Persons who are necessary for the Commission to perform its functions are permitted to be present.[1]
A Commission member takes account of particular circumstances of the parties in conducting the arbitration by conference. In a matter where both parties are self-represented the matter will be listed for determinative conference unless the member decides otherwise.
While determinative conferences are held in private, the Commission will still publish its reasons for decision, including the names of the parties, on the Commission’s website (unless the Commission decides otherwise).
Determinative conferences may involve more informal procedures than in a hearing”.