An overview of legal procedure & case law
See Fair Work Act ss.592 and 595
Any conference conducted by the Fair Work Commission in a general protections matter must be held in private.[1]
In private means that members of the public are excluded.
Persons who are necessary for the Commission to perform its functions are permitted to be present.[2]
The Commission may deal with a dispute (other than by arbitration) as it considers appropriate, including:
A mediation is an informal method of resolving a dispute application by helping the parties to reach a settlement.
A conciliation differs in that the person conducting the mediation may get more involved in the matters in dispute in an effort to help the parties reach a settlement.
See Fair Work Act s.593
If the Commission holds a hearing in relation to a matter, the hearing must be held in public. The Commission may consider that the matter involves sensitive or confidential evidence and do any of the following:
Sometimes the Commission is able to determine a matter based on written submissions without the need for a formal hearing or conference where the facts are not in dispute. This is referred to as a matter being determined ‘on the papers’.
The Commission has the power to direct a party to a matter to provide copies of documents, records, or any other information.[3]