The Fair Work Commission relies heavily upon conciliation in its management of employment disputes such as unfair dismissal ang general protections cases.
This is what the Commission’s unfair dismissal benchbook says about the process of conciliation.
’“Conciliation is a voluntary process to help an employer and employee resolve an unfair dismissal dispute. It is an informal method of resolving the unfair dismissal claim that is generally conducted by telephone and can avoid the need for a formal conference or hearing.
Because conciliations are generally conducted by telephone parties do not need to attend a Fair Work Commission office.
In a conciliation, each party can negotiate in an informal manner and explore the possibility of reaching an agreed settlement. In a conciliation any outcome is possible provided both parties agree to it. But in a hearing the outcomes are limited and strictly controlled by law.
Parties are under no obligation to reach a settlement.