What Happens at a Fair Work Conciliation?

A Successful work relationship is not the absence of complaints or workplace disputes but an orderly process to dispute resolution. No matter how effective a workplace is, disputes and misunderstandings are bound to happen either between co-workers or even between the employee and the employer.

The way dispute is handled in the workplace can either encourage employees to rely on the employer’s good judgment or to feel unease in their job. One way to calm rising tension during a dispute is to arrange for mediation. A mediator functions as a middleman who arranges for a peaceful resolution between the warring parties.

If you are currently involved in a workplace investigation that involves mediation, keep reading to understand what fair work mediation is and the process that happens in a fair work conciliation.

Mediation in the Workplace

Conflict in the workplace can arise from varying reasons such as personality clashes, unresolved problems from the past, unhealthy competition between employees, poor communication,

bullying, sexual harassment, or other inappropriate behaviour. The way a workplace issue is handled will largely depend on the nature of the case and the consequences of such actions. For example, an issue concerning an employer who is constantly coming late to work cannot be handled the same way an issue of harassment or bullying will be solved.

When there are issues in the workplace, the employer can either choose to settle them within the company by involving the aggrieved parties and senior management. This first phase is essential as it shows a commitment from the employer on resolving the issue. However, if no progress is recorded, the issue can be taken outside the workplace by involving the Fair Work commission.

The fair work commission has various methods at its disposal to handle all workplace grievances. The Fair Work Commission can handle a dispute either through conciliation or if agreed by the parties, arbitration.

The parties to an enterprise agreement concede to a dispute resolution method during the bargaining process. Before endorsing an enterprise agreement, the Fair Work Commission must check that it contains a dispute resolution clause which:

• has a procedure that requires or allows the Fair Work Commission or another independent person to settle disputes about any matters arising under the agreement or the NES (National Employment System).
• allows employees to have a representative.

What is a Fair Work Conciliation?

Conciliation is a process in which a legal dispute that can ordinarily find itself in court is resolved through a third party who is the mediator. The mediator is an expert in ADR who although actively participates is impartial and does not have a stake in the dispute. The work of the mediator is to identify the focal points of disagreement leading to the dispute and then leads parties to the dispute to have a conversation to iron out the issues leading to the dispute. The mediator does not impose a decision on the parties as it is the case with litigation or arbitration. Instead, resolution of the dispute is a product of consensus reached by the parties thanks to the conversation that is facilitated by the mediator. Parties to the dispute own the resolution reached and for this reason they have a moral obligation to adhere to it. In Australia, Fair Work mediation is commonly used to resolve work-related disputes. Mediation is particularly effective during the early stages of the dispute. Parties retain the right to seek redress in court if they are not satisfied with the outcome or if they are not convinced that the mediation process was not fair.

Best Practice Guide to the effective Dispute Resolution

Best practice in the workplace refers to guidelines and procedures that depict the most efficient line of action in a given situation. What this implies in workplace grievances is that the employer commits to using the best methods to solve the conflict for optimum results.

The benefit of a best practice approach to dispute resolution include:

• Reduced stress for both managers and employees.
• Reduced costs that come from resolving disputes externally (such as legal fees)
• Create an amiable workplace environment for both workers and employers.
• Tremendous employee productivity through increased job satisfaction
• Increased employee retention. No one is going to think of resigning.
• It protects the professional reputation of a business and instils confidence in its resolution procedures.
• It reduces the chances of constructive dismissal as employees’ concerns are carefully scrutinized.

Tips to the best practice dispute resolution

• Spot the tell-tale signs of a conflict: rather than wait for things to escalate, you can do better by recognizing the signs of conflict within the workplace and working to sort things out. Aside from avoiding legal hurdles, you also instil trust in your resolution procedure in your employees.
• Encourage an open line of communication: There should be a clear communication channel within the workplace. Employees should feel free to express their opinion, complaint, or allegation without fear of retribution or unfair dismissal.
• Have resolution policies written down: Written policies carry more weight than oral instructions. Make sure to put down your resolution procedure in the employee handbook and let everyone have a copy. This will help them understand the various levels of dispute resolution.
• Create a dispute resolution system: A resolution system will ensure that future grievances can be handled without starting the process all over again. If there’s a fixed process and punishment for a case, it simplifies everything.
• Manage changes in the workplace: Changes in the workplace should be handled effectively to avoid it being an issue of dispute. Actions such as promotion, demotion, firing, etc should be handled professionally and delicately.
• Learn how to handle complaints effectively: If your employees believe you can handle their problems, they will easily approach you to sort their issues. However, if they find you incompetent, they will resort to handling the issues alone, which will prove disastrous in the end.
• Train your staff on dispute resolution: Key staff should be trained on dispute resolution in the workplace. The human resource department would undergo regular training on handling conflict cases within the office.
• Involve a third party when necessary: When all measures fail, involving a third party is the best option. An external body like the Fair work commission can step in to mediate, conciliate or arbitrate on the issues.

What happens at a Fair Work Mediation?

The Fair Work Ombudsman first tried mediation as means of resolving workplace disputes in 2009, and after encouraging results, adopted it as a core dispute resolution service in 2012. Mediation is a free, confidential, and voluntary process conducted by an accredited Fair Work Ombudsman mediator.

The mediation occurs soon after an employee lodge a request for assistance and is conducted over the telephone, usually taking less than 90 minutes. A settlement is often reached on the day of mediation. After being debriefed about the situation, an appropriate time and venue are chosen; this is to minimize the chances of an interruption.

During a mediation process, the parties are not told what to do, they are simply brought together to discuss a harmonious option. The decisions of mediation are not binding on both parties. They can choose to either accept or reject it. If decisions are to be made, they often involve someone with the authority to make them. mediation is a confidential process and discussions arrived in mediation remain confidential.

The aim is to solve the problem as amicably as possible. If the case is not solved through mediation, another method is adopted.

Wrapping up

Handling conflict in the workplace is a necessity all employers must commit to if they are interested in their professional reputation and growth. To bring lasting peace, your employee may opt for mediation. In 2013 the Fair Work Ombudsman resolved 4625 matters through mediation, which increased to 6294 last year.

As an employee, you should be mindful and involved if your case is going to be a mediator by the Fair Work Commission. If you are unsure of what the process is in a Fair Work mediation, you can seek legal representation. Finding the right team to guide you through the process and ensure you are not being sidelined is an advantage.

Whether it is a case of bullying, harassment, or serious misconduct, if you are seeking adequate representation; A Whole New Approach (AWNA) is the best bet. We are a seasoned team of workplace advisors with several years of experience in getting justice for employees. Get a free consultation with any of our team today, call 1300 766 700 to get started.