What is the process for resolving a workplace dispute?

In Plain English

If you have a problem at work, here's how to try and sort it out:

1. Talk it out: First, you, your boss, and if you want, your union rep should have a chat to see if you can fix things yourselves.
2. Fair Work Commission (FWC) steps in (if needed): If talking doesn't solve the issue, you can ask the FWC to help.
3. FWC tries to sort it: The FWC will try things like mediation (getting you to talk and agree) or conciliation (helping you find common ground). They might also give their opinion or make a suggestion.
4. FWC makes a decision (if needed): If those steps don't work, the FWC can make a call (arbitration) that everyone has to follow.
5. While sorting: While all this is happening, you need to keep doing your job unless it's genuinely unsafe. You also need to do any other jobs your boss asks you to do, as long as they're safe and suitable.

Detailed Explanation

The process for resolving a workplace dispute generally involves the following steps, as outlined in the provided legislative context:

1. Initial Discussion at the Workplace Level:
   • The parties to the dispute, including the employee(s), relevant supervisors/management, and any relevant employee organisation, must first attempt to resolve the dispute through discussions at the workplace level. This is emphasized in the Fair Work (Model Terms) Determination 2025 and the Fair Work Regulations 2009.
   • For disputes related to regulated labour hire arrangements, Fair Work Legislation Amendment (Closing Loopholes) Act 2023 also requires the parties to attempt resolution at the workplace level through discussions.
2. Referral to the Fair Work Commission (FWC):
   • If discussions at the workplace level are unsuccessful, a party to the dispute may refer the matter to the FWC. This is detailed in the Fair Work (Model Terms) Determination 2025 and the Fair Work Regulations 2009.
3. FWC Dispute Resolution Process:
   • The FWC will initially attempt to resolve the dispute through methods such as mediation, conciliation, expressing an opinion, or making a recommendation. This is described in the Fair Work (Model Terms) Determination 2025, the Fair Work Regulations 2009, and the Fair Work Legislation Amendment (Closing Loopholes) Act 2023.
   • If these methods are unsuccessful, the FWC may arbitrate the dispute and make a determination that is binding on the parties. This is outlined in the Fair Work (Model Terms) Determination 2025 and the Fair Work Regulations 2009.
   • When arbitrating a dispute, the FWC may use any of the powers available to it under the Fair Work Act 2009, including the power to grant interim relief.
   • A decision made by the FWC when arbitrating a dispute is subject to appeal as provided for in the Fair Work Act 2009.
4. Employee Obligations During Dispute Resolution:
   • While the parties are trying to resolve the dispute, an employee must continue to perform their work as they normally would unless they have a reasonable concern about an imminent risk to their health or safety.
   • An employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
     • The work is not safe.
     • Applicable occupational health and safety legislation would not permit the work to be performed.
     • The work is not appropriate for the employee to perform.
     • There are other reasonable grounds for the employee to refuse to comply with the direction.
5. Binding Decision:
   • The parties to the dispute agree to be bound by a decision made by the FWC in accordance with the relevant dispute resolution term. This is stated in the Fair Work (Model Terms) Determination 2025 and the Fair Work Regulations 2009.