Download Fact sheet: Assisted Voluntary Resolution (pdf 161KB) 
What is assisted voluntary resolution?
Assisted Voluntary Resolution (or AVR) is the informal early stage of the Fair Work Ombudsman’s (FWO) investigation process.
Typically, matters that undergo AVR include an employee or former employee lodging a complaint with the FWO because they believe they have not received their wages and entitlements.
During the AVR process, the FWO refers to parties as complainants and alleged wrongdoers. Complainants, in most cases, are employees or former employees. While alleged wrongdoers, in most cases, are employers.
Fair Work Inspectors from the FWO use AVR to assist alleged wrongdoers and complainants find a fair and mutually acceptable resolution to a workplace complaint, without having to immediately resort to formal investigation.
Fair Work Inspectors don’t dictate a particular outcome or method of resolution in AVR. Parties can expect to have the aspects of a complaint explained to them, and will be guided through any matters in dispute. Fair Work Inspectors will support both parties in reaching a mutually acceptable and appropriate solution.
The AVR process can last up to thirty days from the date a complaint is lodged with the Fair Work Ombudsman. If AVR is not achieved within that time period, then the complaint may be referred for a full investigation.
Why is AVR important?
AVR is one of the ways the FWO helps to promote harmonious, productive and cooperative workplaces.
Through adopting an informal approach, Fair Work Inspectors are able to achieve a fair outcome to disputes quickly, by providing education, assistance and advice to complainants and alleged wrongdoers. This ensures that parties understand their rights and obligations under Commonwealth workplace laws.
Is my complaint suitable for AVR?
Matters suitable for AVR are generally restricted to complaints about underpayment or non-payment of wages and entitlements, where there are no complicating factors. However, not all complaints proceed through the AVR process. The FWO may decide that AVR is neither possible nor appropriate in some circumstances.
Some complaints may proceed directly to a full investigation, at the discretion of the FWO. These complaints may have complicating factors, such as the complainant being considered vulnerable or having requested confidentiality, or the matter is considered potentially complex or serious (for example, a discrimination complaint).
The FWO will determine which complaints are suitable for AVR, and which will be directly referred for full investigation.
Who conducts AVR?
AVR is conducted by Fair Work Inspectors appointed by the Fair Work Ombudsman. During AVR, Fair Work Inspectors assist parties to negotiate a resolution to complaints, through the provision of education, assistance and advice.
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Do I have to participate in AVR?
Participating in AVR is encouraged by the FWO (where appropriate). Complainants and alleged wrongdoers should understand that AVR is an effective, efficient and less formal way of resolving complaints in a manner acceptable to both parties.
If AVR does not resolve the complaint, compliance with Commonwealth workplace laws will still be enforced. Unresolved complaints (including complaints where parties will not participate in AVR) will be referred for full investigation.
How will I be contacted?
When a complaint is considered suitable for AVR, the FWO will send out letters to both parties, explaining the AVR process.
A Fair Work Inspector will then be in contact to gather information about the complaint from all relevant parties.
What decisions will the FWO make?
During the AVR stage, Fair Work Inspectors do not make a determination about what entitlements are outstanding. They will, however, form a preliminary view as to whether the complaint has merit, and work with both parties to form a proposed resolution to the complaint.
If it is apparent that there is no contravention of Commonwealth workplace laws, the Fair Work Inspector will give the complainant an opportunity to provide further information about their complaint.
What type of resolutions are offered?
During AVR, either of the parties may make an offer to resolve the complaint (such as payment for outstanding entitlements). The Fair Work Inspector does not make an offer, but will explain their preliminary view and provide assistance to formulate an appropriate resolution. The Fair Work Inspector will discuss alternative solutions or alternative outcomes with the alleged wrongdoer where they are raised. This will depend on the nature of the complaint.
Fair Work Inspectors can provide information and assistance to enable the parties to calculate outstanding entitlements (for example, copies of published rates of pay).
Any offers proposed are not subject to formal examination, and are not determinations of outstanding entitlements by the FWO.
Before accepting an offer, you should research your entitlements, and determine whether you believe any offer satisfactorily resolves your complaints. In addition to the assistance you receive from a Fair Work Inspector, you may wish to visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. You may also wish to seek independent professional advice in relation to your particular circumstances.
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Do I have to accept the offer?
No, you are not required to accept any proposed offer. However, it is advisable that you consider all serious offers.
What if AVR is successful?
AVR is successful where both parties agree to a proposed resolution.Both parties will be notified of the resolution in writing by the FWO, including confirmation of any actions agreed during the AVR process.
When this occurs, a matter may be finalised with no further action necessary. However, the FWO reserves the right to initiate further investigation or litigation at any stage, even when AVR has been achieved.
What if AVR is unsuccessful?
AVR is considered unsuccessful if the parties cannot reach an agreement to resolve the matter, or the thirty day timeframe for AVR expires.
When this occurs, the complaint will undergo a full investigation. The FWO may also take further compliance action (for example, litigation) where necessary.
A full investigation involves a Fair Work Inspector obtaining evidence and making a final determination. This has a range of possible outcomes and enforcement options which include, but are not limited to: no contraventions identified, directed voluntary compliance with formal contraventions recorded, referral for alternative dispute resolution (such as mediation or small claims action), or FWO litigation.
Further outcomes and investigative processes can be discussed with a Fair Work Inspector during the full investigation process.
The FWO reserves the right to exercise discretion when deciding if, or how, a matter can be progressed.
Find out more
For more information on Assisted Voluntary Resolution, please view the Fair Work Ombudsman Guidance Note 8 - FWO Investigative Process.
Contact us
Fair Work Infoline: 13 13 94
Monday to Friday, between 8.00am-6.00pm
Need language help?
Contact the Translating and Interpreting Service (TIS) on 13 14 50
Hearing & speech assistance
Call through the National Relay Service (NRS):
- For TTY: 13 36 77. Ask for the Fair Work Infoline 13 13 94
- Speak & Listen: 1300 555 727. Ask for the Fair Work Infoline 13 13 94