Fair Work Commission

If you are an eligible individual or small business employer you may be offered a consultation of no more than 1 hour with a lawyer from a participating law firm or community legal service. The consultation is designed to provide preliminary advice in relation to unfair dismissal, general protections or workplace bullying.

The Service may provide you with assistance at different stages of your application:

Advice pre-lodgment or advice upon lodgment

The lawyer may talk to you about any questions or concerns you have relating to the enquiry or issue involving dismissal, general protections or workplace bullying. If you have made a formal application to the Commission, the lawyer may advise on the merits of the application.

Advice prior to jurisdictional threshold proceeding

The lawyer may ask questions relating to the jurisdictional threshold issue and advise on any issues that may arise, such as whether the application is valid or whether the applicant is covered by unfair dismissal laws. The lawyer may also advise on the merits of the application.

Subject to time constraints, the lawyer may advise on which documents may assist your matter, in addition to providing advice for drafting argument outlines and witness statements. Please remember however, that it remains your responsibility to prepare your argument outline, witness statements and any other documents you have been directed to provide.

To ensure you get the most out of the consultation  please bring:

• a copy of all the documents relevant to your enquiry or matter (you will receive a list of commonly requested materials prior to your consultation)
• a list of any questions you have for the lawyer
• a pen and paper for taking notes

Please ensure you arrive on time for your appointment. If your appointment is by telephone, you may like to ensure your contact details are up to date and that you have a comfortable and quiet place to speak organised at the time of your appointment.

Your consultation may be held over the phone, at the Commission, or at the lawyer's office. At the consultation, the lawyer may advise you on issues that may arise in the Commission processes.

It is also possible the lawyer may advise you that the application is likely or unlikely to succeed, or whether your claim is best dealt with by an alternative statutory body. Depending on time constrains, you may also receive advice on drafting relevant documents relating to the application.

What will the lawyer expect from me?

In order for the lawyer to assist you, you must:

• Attend your consultation on time. If you are late or do not answer your telephone, your lawyer may not be able to give you your full hour's consultation or give you a consultation at all. If you need to change your appointment time, please give at least 48 hours notice to your lawyer.
• Provide your lawyer with all relevant information and documents.
• Be prepared for the consultation and have a list of any questions you may have.
• Treat the lawyer and Commission staff with respect at all times. If you are disrespectful, abusive or threatening, you will no longer be eligible to participate in the Service.

After your consultation you will need to decide, based on the legal advice received, how best to proceed. The Commission may ask you to complete an anonymous short survey about the Service. Please complete it at your earliest convenience as it provides valuable information about how we can assist promoting access to justice for the public.

Advice pre-lodgment or advice upon lodgment

If an application is filled, it will be sent to the other party who will be given a chance to respond to the application.

Depending on the type of application you are involved in, a number of different options may be presented to you. This may include participation in conciliation or attendance at a conference/hearing. The Commission will notify you of the next steps that are applicable to your matter.

Advice prior to an unfair dismissal jurisdictional threshold proceeding

If you are an applicant and you decide to withdraw your application, you will need to complete and lodge a Notice of Discontinuance (Form F50). This form will end the application process and close your case. You can also do this by calling or emailing the Commission.

If, following the consultation, the case is to progress to a proceeding before a Commission Member, you will need to comply with the directions issued and lodge material to support your case. 

Conciliators are highly experienced and will manage the process for you and guide you through the conciliation. There are also things you can do to ensure the process runs smoothly and make the most of the opportunity. Find out more about conciliation.

The Commission's website has a number of helpful resources to help you prepare for the proceeding. In particular, the Preparing for a conference or hearing fact sheet is a useful guide which explains each of the processes involved in having an objection determined by a Commission Member.

You will also need to prepare to present your side of the argument to the Commission Member as well as respond to the other side's claims. This may include giving sworn evidence and potentially having other people attend the Commission to give evidence to support your case.

On proceeding day, make sure you allow sufficient time to arrive at the Commission and locate your hearing room. The Commission Member's Associate will meet you in the hearing room and will assist you if you have any questions about the process.

After the proceeding, the Commission Member considers all evidence and facts in the matter, and determines if the jurisdictional objection is to be upheld or dismissed. A decision will be sent to the parties by email or issued orally at the end of the proceeding.

If a jurisdictional objection is dismissed, the Commission Member has decided the application will proceed to the next stage. A further proceeding will then be scheduled to determine the application. If the jurisdictional objection is upheld, the application will be dismissed and the matter will be closed.

A party who is dissatisfied with a decision of the Commission to dismiss an application or jurisdictional objection may wish to appeal the decision. Any application for permission to appeal must be made within 21 days of the date of the decision being issued. Find out more about appealing a decision or order.

Your lawyer will retain copies of the documents provided to them and created by them during the course of providing you with advice. These will be kept by the lawyer in accordance with their privacy policy, document management and security processes.

The Commission will keep a record of the lawyer allocated to you and note the outcome of your participation in the Service. Should you require access to any records relating to your use of the Service, please contact the Commission at privacy@fwc.gov.au.

If you are not sure when your consultation is, or it has not yet been confirmed, please contact the Commission on 1300 799 675.