Understanding our Dispute Assistance service

Our Dispute Assistance service guides employers and employees when they request our help with a workplace dispute.

Learn more about what to expect when you choose to resolve your dispute through this service.

On this page:

What we offer

Dispute Assistance is a no-cost service we provide to employers and employees to work through their workplace dispute in a practical way. Any party to a workplace dispute can ask us for our advice and guidance. Most people who choose this service can find the right solutions for their dispute.

We provide:

  • officers who are experts in workplace relations and who can help you confidently manage your dispute
  • an opportunity to tell us what’s happened and understand what you’re trying to achieve
  • tools and resources for you to take control of your dispute
  • phone based support tailored to you, including advice, education and guidance to help you reach an agreement or understand your options so you can decide what to do next.

Tip: Solving disputes in the workplace

The most effective way to resolve workplace disputes is when parties actively work together to fix the issues. If you’ve taken these steps and haven’t been able to resolve the issue, we can help you consider other available options.

We’re impartial and help both employers and employees. We don’t take sides. Our service is available to everyone involved in the dispute, which means we may also contact the other party to offer them the same support.

If we can’t help, or the parties can’t reach an agreement, we’ll provide information about options that are right for your situation. This can include:

  • seeking help from a union
  • engaging with the business’s relevant employer organisations
  • referring parties to another government agency with the ability to assist
  • proceeding through a small claims court or a state-based tribunal.

Depending on the situation, a different service may be better. A union or employer organisation may be able to provide advocacy or representation in some situations.

How our service works

When you request our help with a workplace dispute, the request is assigned to one of our officers.

Our officers are experts in workplace relations. They’ll take the time to listen and understand what’s happened. This assists them to tailor the service to your dispute and what you are trying to achieve. This may include:

  • helping each party identify and understand the issues in their dispute and why those issues are important
  • giving advice and information about each party’s workplace rights and obligations
  • conveying information between the parties to facilitate practical discussions
  • exploring ways to resolve the dispute
  • explaining proposed resolutions and possible other options
  • providing information about other services that may be able to help.

It’s your workplace dispute and you are in control.

You can ask questions and you’ll be given time to decide what you want to do next.

The service is designed to help you resolve issues early, helping to avoid extra time and stress.

While we can’t make rulings, impose outcomes, or guarantee a resolution, our officers create an environment where you are in control.

Should you not be able to come to an agreement, we can help you understand your next steps.

Our officers will:

  • respectfully treat all parties as individuals
  • take an impartial approach to understanding the dispute and explore with you what options are available
  • provide information that enable parties to make informed decisions
  • seek confirmation on what information is shared between the parties.

They can’t:

  • provide legal advice
  • investigate the issues
  • assess any evidence
  • make findings about the dispute
  • force either party to participate or resolve the dispute.

Example: Parties resolving their workplace issue through Dispute Assistance

Tom is a full-time employee who has worked for their employer, Maya, for 3 years. Tom decides to resign from their job without providing enough notice.

After their employment ends, Maya doesn’t pay out Tom’s remaining unused annual leave. Tom contacts Maya about the issue and they says they’re withholding payment because Tom didn’t provide enough notice.

Tom contacts us. They used the advice, tools, and resources we provide to help him discuss the issues directly with Maya. Then, Tom chooses to ask us to help with their dispute. Based on this request, Tom is offered our Dispute Assistance service.

Our officer contacts Tom to confirm the details of the issue they are asking for our help with. The officer explains what the Dispute Assistance service involves and confirms Tom wants to participate. Tom confirms they are happy for the officer to contact Maya and invite them to participate.

With both parties accepting our assistance, the officer works with both Tom and Maya separately to hear their side of the story, including how the dispute came about. The officer directs both parties to our website where it states that all unused annual leave needs to be paid and can’t be withheld when employment ends.

Once the parties have a better understanding of the issues and workplace laws, the officer assists Tom and Maya explore how this information relates to their position in the dispute. This includes helping them generate potential solutions and understanding their options should they not agree.

Maya agrees to pay the remaining unused annual leave to Tom in the next pay cycle. Both parties are satisfied with their agreement and the service is finalised.

What you can do to assist

We encourage both parties to continue talking to each other to try and resolve their workplace dispute. In our experience, this is the most effective way to resolve disputes that occur in the workplace.

Make sure you’ve followed the steps to try and find solutions on your own before you ask for our help. Find out more about Taking steps to fix a problem.

When you request our assistance, it’s important to remember that it is your dispute and we don’t represent either party.

To get the most out of this service, we recommend that you:

  • give accurate and complete information
  • tell us about any needs you may have
  • make yourself available during business hours in the 2 weeks after asking for our help
  • keep communication open and constructive
  • think about the issues you’re trying to fix and be open about the options available to you.

It is your dispute. If we can’t contact you, or you are not able to actively participate, we can’t offer you our service.

If you’re requesting our help, you will need to provide accurate information regarding the other parties involved so that we can contact them if necessary.

If you're responding to contact from us

When we’re asked to help with a workplace issue, we’ll usually contact all parties involved.

If we contact you about a workplace issue, it doesn’t necessarily mean that you have done something wrong.

Our officers will explain the dispute we have been asked to assist with and invite you to share your side. It is your dispute so hearing from you helps us tailor our service to what you may need.

We can also answer any questions you may have about the dispute or your obligations under the relevant workplace laws.

It is your chance to resolve disputes early and avoid extra time, stress, and potentially more formal processes later. Many people who engage openly report a positive experience.

You can help our Dispute Assistance service by letting us know if you are or aren’t the right person for us to talk to.

How we use the information you provide

The officer will take notes during all interactions with the parties involved in the workplace dispute.

Our officers manage this information in accordance with our Privacy policy.

We use discretion in the types of action we take in response to information provided to us.

All information collected by us may be:

  • shared with the other party to the dispute as part of the dispute resolution process
  • shared with a relevant third party for the purposes of assisting in the enforcement of a Commonwealth, state, or territory law
  • used by us and our Fair Work Inspectors in future compliance and enforcement activities.

Tools and resources

Related information