FWC bullying conciliation: what happens and how to prepare

At a Fair Work Commission bullying conciliation, an independent conciliator helps you, your employer and anyone named in your application talk through the issues and try to agree on how to stop the behaviour. The Commission describes it as informal, voluntary and private, and the conciliator does not take sides. Preparing well means reading the other side's responses, knowing which issues matter most to you and deciding which outcomes you would accept.

When conciliation happens

After a worker applies for an order to stop bullying and the other parties respond, the Commission considers the information. If it thinks conciliation may help, it organises a joint discussion and sends the date and time to you, the employer (or principal), each person named in the application and any lawyer or paid agent. Not every case starts this way: the Commission can also deal with a case through a conference or a formal hearing led by a Commission Member. If conciliation does not resolve the issue, you can ask for the case to go to a conference or hearing.

What happens in the session

Sessions vary, but usually the conciliator explains their role and how the session will run. Each side then outlines what happened, the relevant facts and how they think the case could be resolved. The conciliator may ask questions, speak with the parties and look for common ground. If you reach an agreement, the conciliator helps you record it in writing.

You can bring a support person, often a friend or family member, for emotional or moral support; they do not speak for you. Tell the Commission as soon as you can if you need an interpreter or have other needs it can help with. If you have concerns about your safety or about taking part, raise them before the session.

Preparation checklist: what to do and when

1. When the responses arrive: read the application and each response, and mark the points you agree with, the points you dispute and the dates in your notes that relate to each.
2. As soon as you have the date: raise any interpreter or other needs, and ask your support person.
3. A few days before: write one page listing the issues that matter most, the key incident dates behind each, anything that has happened since you applied, how you think the issues could be resolved and the outcomes you hope for.
4. The day before: pack a pen, paper and the relevant documents.
5. On the day: note who attended, what was proposed and what you agreed to or declined.
6. Afterwards: keep the written agreement with your notes, and record the dates of any agreed steps and whether they happen.

Our incident log template can help you put scattered notes in date order before you write that page. For what to write about each incident, see how to document workplace bullying in Australia.

Outcomes you can discuss

In conciliation or a conference, the parties may agree on any outcome they feel is right, and the Commission notes that solutions can be flexible. Practical, forward-looking ideas include who gives you work instructions and how, how contact happens, a date to review how things are going and a clear way to raise new concerns. At a hearing, a Member can order the bullying to stop only where there is a risk it will continue; orders can require the people involved to stop, the bullying policy to be followed or reviewed, or information, support and training to be given. The Commission cannot order compensation or disciplinary action, or end someone's employment, and it does not promote or recommend resolutions that involve payments. Before you agree to anything, make sure you understand the wording.

Kirokune keeps your notes, photos and imported messages in one case on your iPhone, in time order, so you can find a date quickly while you prepare. It does not decide what happened or give legal advice.

Frequently asked questions

Do I have to attend FWC conciliation for bullying?

The Fair Work Commission describes conciliation as voluntary. If you have concerns about attending or about the date, contact the Commission in writing using the details it sent you; to change the date you need an important reason and must copy the other parties. If conciliation does not resolve the issue, you can ask for the case to go to a conference or hearing.

Can I bring someone to Fair Work conciliation?

Yes. You can bring a support person, such as a friend or family member, for emotional or moral support. They do not speak on your behalf or take an active role. If you have a lawyer or paid agent, the Commission also sends them the date and time.

Can I get compensation through FWC bullying conciliation?

The Commission does not promote or recommend resolutions that involve payments, and in stop bullying cases it cannot order compensation. Outcomes focus on stopping the behaviour so that people can keep working safely together.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.