Dispute resolution
Dispute resolution is how disputes are brought to an end. This can occur through:
- a negotiated outcome, where the parties concerned resolve the issue themselves
- a mediated outcome, where an independent mediator helps the parties arrive at their own agreement, or
- an arbitrated or adjudicated outcome, where an independent arbitrator or court decides how the dispute should be resolved and makes a binding decision or order to that effect.
Disputes can happen for many reasons, including:
- different personalities and personality clashes
- unresolved problems from the past
- competition between employees
- poor communication and leadership
- unclear responsibilities and roles
- bullying, harassment and other unlawful and inappropriate behaviour.
Legal requirements under the Fair Work Act
Employees have access to the dispute resolution procedure set out in the award or agreement that covers them. This procedure can be used to settle disputes related to that award or agreement, or to the National Employment Standards.
Awards
Dispute resolution clauses can vary between awards, but generally have a similar approach to resolution procedures, including:
1. Resolution within the workplace
- The employee and their manager must first try to resolve the dispute through discussion. If this is unsuccessful, then senior management discusses the matter with the employee to try and resolve the dispute. This could involve one or more escalations to senior managers, depending on the structure of the business.
2. Resolution outside the workplace
- An employee, the employer or their representatives may refer the dispute to the Commission after all appropriate steps have been taken within the workplace. The Commission can deal with a dispute through conciliation, mediation or, if agreed by the parties, arbitration.
If the dispute still isn’t resolved, the Commission can use any method of dispute resolution permitted by the Fair Work Act that it considers appropriate to ensure the dispute is settled.
Source
Effective dispute resolution – https://www.fairwork.gov.au/tools-and-resources/best-practice-guides/effective-dispute-resolution
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