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 resolve their workplace issues. Any party to a workplace dispute can approach us for our advice and guidance. Most people who ask us for help can resolve their dispute through this service.

We provide:

  • officers who are experts in workplace relations and who can help you understand the law
  • tools and resources for you to take control of your dispute and resolve it
  • tailored phone-based support that includes advice, education and guidance to help you resolve your dispute using dispute resolution techniques.

Tip

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

We are impartial and help both employers and employees. We don’t represent either party.

If we can’t help, or the parties are unable to resolve their dispute, we’ll provide information about other third parties that may be able to assist. This can include:

  • seeking help from a union
  • engaging with the employer’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 pathway may be of greatest assistance.

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. Their role is to help both parties understand the law, communicate, and make informed choices. This may include:

  • helping each party identify and understand the issues in their dispute
  • giving advice and information about each party’s workplace rights and obligations
  • facilitating discussions
  • exploring ways to resolve the dispute
  • explaining proposed resolutions and possible other options
  • providing information about third parties who may be able to help.

We provide all parties time, space and support to resolve their dispute.

All parties control their dispute and can choose if they want to follow our advice and information.

Our officers will:

  • treat all parties as individuals
  • be respectful
  • 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
  • make findings about the dispute
  • force either party to participate or resolve the dispute.

Tip

Learn more at Frequently asked questions about Dispute Assistance service.

What you can do to assist

In a word, 'engage'. We encourage employers and employees to continue talking to each other to try and resolve the issue. In our experience, this is the most effective way to resolve issues 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 Raising your problem in the workplace.

If you are requesting our assistance

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

To help us assist you with your dispute, please:

  • give accurate and complete information
  • make yourself available during business hours in the 2 weeks after asking for our help
  • provide accurate information regarding the other parties involved so that we can contact them if necessary
  • think about the issues you are trying to fix and be open about the options available to you.

If we can’t contact you, or you are not able to actively participate, we won’t be able to help you.

If you are 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 issues we have been asked to assist with, invite you to share your position, and understand what assistance you may need.

We can also answer any questions you may have about the dispute or workplace laws. It’s not compulsory for you to participate but many people find it 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 assigned 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 Fair Work Inspectors and the Fair Work Ombudsman in future compliance and enforcement activities.

Tools and resources

Related information

Help for small business