What is Fair Work Ombudsman mediation?

FairWorkOmbudsmanmediationisavoluntaryandconfidentialprocess conductedbyaFairWorkOmbudsmanMediator(FWOMediator)asaway to help resolve complaints with the agreement of both parties.

How does this checklist help me?

If you are attending a mediation, this checklist is designed to help you ensure that you are prepared for your session. If you have any questions about your mediation, contact the FWO mediation team on (03) 9954 2820 or .

Are you:

Informed about the Fair Work Ombudsman’s mediation process?Y/N/?

If no, you can find out more about the FWO mediation process by accessing our website:

Informed of the date and time of your mediation?Y/N/?

If no, please contact the FWO mediation team call (03) 9954 2820.

Aware the FWO Mediator has no authority to enforce a resolution to your issueand that their role is to help parties reach a mutually agreed resolution during mediation? Y / N / ?

If no, mediation is successful when the parties agree to a resolution. This may involve signing a written agreement (terms of settlement). If there’s no resolution, the mediator will discuss the alternatives available to you for resolving the matter.

With respect to each of the issues in dispute:

Have you checked the relevant provisions in the applicable industrial instrument (eg. award, agreement, National Employment Standards)? Y / N / ?

If no, you can access our website contact the Fair Work Infoline on 13 13 94, during business hours Monday to Friday, prior to the mediation to check the provisions.

Have you checked minimum pay rates or entitlements on the FWO website?Y / N / ?

If no, you can access minimum pay rates using our online wage tool PayCheck Plus:

You can calculate leave entitlements using our Leave Calculator:

Fair Work Ombudsman ABN 43 884 188 232 / / Mediation Checklist / English

Have you sought your own further advice if required?Y / N / ?

It is a matter for you whether you wish to seek independent advice prior to FWO mediation. You can seek professional advice or contact your union or employer association.

Further information about the mediation process

If the complaint is resolved between the parties before your mediation session, please contact the FWO mediation or call (03) 9954 2820.

If you need to attend mediation, please set aside up to 2 hours for your mediation. Please provide your contact phone number to the FWO mediation team (a landline is preferable)by emailing theFWO mediation team at least 3 days before your scheduled mediation by calling (03) 9954 2820 and quoting your matter reference number.

To effectively participatein your mediation, we recommend you come prepared with:

  • A short history of the matter
  • When and why it began
  • What the main issues are
  • Informationaboutpreviousattempts to resolve the matter
  • What outcome you are seeking
  • Details of any related concerns

If you intend to have a support person or a representative attend the mediation with you, please ensure they know the time and date of the mediation and that their contact details are provided to the mediation team.

Please contact the FWO mediation team at or call (03) 9954 2820 if you need an interpreter so this can be arranged well in advance of the mediation session.

Notes

Contact us

Fair Work Infoline 13 13 94

Need language help?

Contact the Translating and Interpreting Service (TIS) on 13 14 50

Hearing and speech assistance

Call through the National Relay Service (NRS)

-TTY: phone 1800 555 677 and ask for 13 13 94

-Speak & Listen: phone 1800 555 727 and ask for 13 13 94

-Internet relay: go to relayservice.com.au and ask for 13 13 94

Disclaimer

The Fair Work Ombudsman is committed to providing you with advice that you can rely on.

The information contained in this checklist is general in nature. If you are unsure about how it applies to your situation you can call our Infoline on 13 13 94 or speak with a union, industry association or a workplace relations professional.

Fair Work Ombudsman ABN 43 884 188 232 / / Mediation Checklist / English