FWC Conciliation Prep + Settlement Calculator

Your case

Strategy commentary

Moderate case. The conciliator's number tends to track here. Push for the mid-target. Beyond that, the risk of arbitration outweighs the upside.

Calculation breakdown

• • Weekly pay: $1,538.46
• • Statutory cap (lesser of 26 weeks pay or half HIT $95,050): $40,000
• • Lost wages to date (4 weeks × $1,538): $6,154
• • Forward loss assumption (8 weeks: 8 for case strength 3/5 × 1 for 3 years' service, s392(2)(b)): $12,308
• • Capped at $40,000

Documents to bring

• •Employment contract
• •All payslips for the 6 months before dismissal
• •Termination letter / email
• •Performance reviews and any PIP documents
• •All written warnings
• •Any communications about the dismissal (emails, texts, Slack)
• •Witness statements if you have them
• •Photographs / screenshots of relevant evidence
• •Medical certificates if health/stress was relevant
• •Records of any new job applications and outcomes (mitigation)

Opening statement structure

• •1 sentence: who you were employed as, for how long, by whom
• •1 sentence: how the employment ended (date + circumstances)
• •2-3 sentences: why you say the dismissal was unfair (no valid reason / no procedural fairness / disproportionate / linked to protected attribute)
• •1 sentence: what you've done to mitigate (job applications, new role status)
• •1 sentence: what you're seeking (compensation, reinstatement, statement of service)

What to expect

• •FWC conciliators are independent and impartial — they're NOT lawyers and won't take sides
• •Most conciliations are by phone (~60-90 minutes), not in person
• •Conciliator usually shuttle-mediates — speaks to each side separately
• •Settlement offers go back and forth — don't accept the first offer
• •Settlements are private and binding — get terms in writing before agreeing
• •If no settlement reached, the matter goes to a formal hearing — riskier for everyone

Negotiation tactics

• •Anchor high — ask for the upper end of your BATNA, leave room to come down
• •Trade non-money for money — non-disparagement, reference letter, agreed statement of reasons all worth real value
• •Don't reveal your reservation price (the lowest you'd accept)
• •Take a break to think — no decision needs to be made on the spot
• •If they offer something close to your target, accept it — risk of going to hearing isn't worth chasing the last 10%

Useful tools

Sources

• • Fair Work Act 2009 (Cth) ss368, 392, 394 — conciliation, compensation, jurisdiction
• • FWC unfair dismissal benchbook — settlement ranges
• • High income threshold $190,100 for 2026-27
• • Last verified 2026-05-02.