What happens at FWC conciliation?

Most FWC unfair dismissal and general protections claims go to conciliation under section 368 of the Fair Work Act. The FWC appoints an independent conciliator who tries to facilitate a settlement before the matter is set down for a formal hearing. Most conciliations are by phone (60-90 minutes). The conciliator typically shuttle-mediates — speaking to each side separately, conveying offers back and forth. About 70-80% of cases settle at conciliation. If no settlement is reached, the matter proceeds to arbitration.

What's a fair settlement at FWC conciliation?

Conciliation settlements typically land at 50-75% of the compensation you'd likely get at arbitration. Both sides save legal cost, time, and risk by settling. Compensation under section 392 is capped at the lesser of 26 weeks pay or half the high-income threshold ($87,500 in 2025-26). The actual award depends on case strength, your mitigation efforts (have you found new work), and any misconduct allegations against you. This tool estimates a realistic settlement range based on those factors.

Should I get a lawyer for FWC conciliation?

Many workers represent themselves at FWC conciliation — the FWC is designed to be accessible without legal representation. However, having a lawyer or union representative often improves outcomes, particularly for complex cases or where the employer has a lawyer. Free options: union officials (if you're a member), community legal centres, JobWatch (Vic) or similar state services. Paid: workplace lawyers typically charge $300-500 per hour, but many offer fixed-fee or no-win-no-fee arrangements for unfair dismissal.

What should I bring to FWC conciliation?

Bring all documents that support your case: employment contract, payslips (last 6 months minimum), termination letter, performance reviews and PIP documents, written warnings, communications about the dismissal (emails, texts), witness statements, photos/screenshots of evidence, medical certificates if health was relevant, and records of mitigation efforts (job applications). Have these all in one folder, ready to refer to. The conciliator may ask specific questions about each.

Are FWC conciliation settlements public?

No. FWC conciliation discussions and settlements are private and confidential. Most settlements include a confidentiality clause prohibiting both parties from discussing the terms. This protects both worker (who may want to move on) and employer (who avoids public reputation harm). Settlement deeds are binding contracts and typically include: payment terms, non-disparagement clause, statement of reasons (or 'agreed reason'), reference letter terms, and release of claims.

FWC Conciliation Prep + Settlement Calculator

Walking into a Fair Work Commission conciliation? Most workers accept low settlements because they have no model for what's fair. This tool gives you the realistic settlement range — what to push for, what to walk away from.

Last verified: 1 July 2025

Your case

Annual salary at dismissal (AUD)

Years of service

Weeks since dismissal

Case strength (1-5)

I've found new work since the dismissalThe employer alleged misconduct as part of the dismissal

Settlement target range

$9,230.77 – $13,846.16

Target the mid-point: $11,538.47

Statutory cap

$40,000

s392(5) Fair Work Act

Likely arbitration

$18,461.54

If you win at hearing

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 $87,500): $40,000
• Lost wages to date (4 weeks × $1,538): $6,154
• Forward loss assumption (8 weeks based on case strength 3/5): $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

→ Unfair Dismissal Eligibility → PIP Audit → Discrimination Claim Builder → Underpayment Claim Builder

Sources

• Fair Work Act 2009 (Cth) ss368, 392, 394 — conciliation, compensation, jurisdiction
• FWC unfair dismissal benchbook — settlement ranges
• High income threshold $175,000 for 2025-26
• Last verified 2026-05-02.

Unfair Dismissal in Australia: How to Know If You Have a Case

Was your dismissal unfair? Learn the eligibility rules, 21-day deadline, high income threshold ($175,000), remedies, and how to apply to the Fair Work Commission.

Unfair Dismissal Australia — Can I Claim? Full Guide (2026)

Everything you need to know about unfair dismissal in Australia. Eligibility, how to lodge a claim with the Fair Work Commission, time limits, remedies, and what to expect.

Unfair Dismissal Australia: Time Limits, Eligibility & How to Claim

Complete guide to unfair dismissal claims in Australia. Covers eligibility requirements, the strict 21-day time limit, the Fair Work Commission process, remedies including reinstatement and compensation, and the small business fair dismissal code.

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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.