Mediation may be suitable for complaints where:
- the facts are disputed (mostly relating to wages and conditions, e.g. a disagreement over hours of work performed or an employee's classification level)
- the matter disputed is unclear and there's a lack of evidence to prove / disprove the complaint
- the amount of underpayment is disputed.
Mediation is generally not suitable for complaints where:
- the evidence clearly shows where someone hasn't complied with Commonwealth workplace laws
- the party complained against has been investigated before by FWO
- the case is complex (e.g. complaints about coercion, freedom of association or transfer of business)
- the matter is appropriate for legal action.