What actually happens in a conciliation meeting
Up to 90 minutes, usually online, with private breakout discussions and no obligation on either side to settle.
A conciliation meeting takes up to 90 minutes and is usually held online. A Commission staff member, called the conciliator, leads the discussion but does not give legal advice, decide what happened, or decide who is right. Both the employee and the employer take part, and each can bring a legal representative, a family member, or a friend.
How the meeting runs
- At the start, the parties and their representatives join the meeting and the conciliator explains the process.
- Each side briefly explains their story, including what happened, the relevant facts, and what outcome they want.
- The conciliator may hold private discussions with each side separately, often in separate virtual meeting rooms.
- Afterward, everyone reconnects and the conciliator confirms either a settlement or the next steps if no agreement was reached.
You do not have to settle
The Fair Work Commission's own guidance is direct: "The employee and employer do not have to reach an agreement during the conciliation. Either side can refuse to settle." If no agreement is reached, the case moves toward a formal hearing or conference, covered on the what-happens-if-conciliation-fails guide.
Where this came from
- Fair Work Commission: What is conciliation?.
- Fair Work Commission: What happens in a conciliation meeting.