Fair Work Commission

If you are an eligible person or small business employer you may be offered a consultation of around 1 hour with a lawyer from our network of partner organisations. The consultation is designed to provide legal and procedural advice in relation to issues or enquiries relating to dismissal, general protections, bullying at work or sexual harassment at work.

To ensure you get the most out of the consultation  please bring:

• a copy of all the documents relevant to your enquiry or matter (you will receive a list of commonly requested materials prior to your consultation)
• a list of any questions you have for the lawyer
• a pen and paper for taking notes

Please ensure you are available at the scheduled time for your appointment. If your appointment is by telephone, you may like to ensure your contact details are up to date and that you have a comfortable and quiet place to speak at the time of your appointment.

Your consultation may be held over the phone, at the Commission, or at the lawyer's office. At the consultation, the lawyer may advise you on issues that may arise in the Commission processes.

It is also possible the lawyer may advise you that the application is likely or unlikely to succeed, or whether your claim is best dealt with by an alternative statutory body. Depending on time constrains, you may also receive advice on drafting relevant documents relating to the application.

What will the lawyer expect from me?

In order for the lawyer to assist you, you must:

• Attend your consultation on time. If you are late or do not answer your telephone, your lawyer may not be able to give you your full hour's consultation or give you a consultation at all. If you need to change your appointment time, please give at least 48 hours notice to your lawyer.
• Have all relevant information and documents available for the consultation.
• Be prepared and have a list of any questions you may have.
• Treat the lawyer and Commission staff with respect at all times. If you are disrespectful, abusive or threatening, you will no longer be eligible to participate in the Service.

After your consultation you will need to decide, based on the legal advice received, how best to proceed with your issue or enquiry.  You may decide to withdraw your Commission application if one has been lodged or, depending on the type of application you are involved in, several different options may be presented to you. This may include participation in conciliation or attendance at a conference/hearing. The Commission will notify you of the next steps that are applicable to your matter.

The Commission will send you an anonymous short survey about your experience with the Service. Please complete it at your earliest convenience as it provides valuable information about how we can assist promoting access to justice for the Australian community.

Conciliators are highly experienced and will manage the process for you and guide you through the conciliation. There are also things you can do to ensure the process runs smoothly and make the most of the opportunity. Find out more about conciliation.

Your lawyer will retain copies of the documents provided to them and created by them during the course of providing you with advice. These will be kept by the lawyer in accordance with their privacy policy, document management and security processes.

The Commission will keep a record of the lawyer allocated to you and note the outcome of your participation in the Service. Should you require access to any records relating to your use of the Service, please contact the Commission at privacy@fwc.gov.au.

If you are not sure when your consultation is, or it has not yet been confirmed, please contact the Commission on 1300 799 675.

We understand that legal advice can reduce complexity, improve access to justice and minimise costs.