Interactive ladder of workplace dispute resolution from negotiation to the courts, showing who decides and whether the outcome binds, with a switch between collective and individual negotiation
Three rungs up the ladder, still nobody has decided
A workplace dispute climbs a ladder: a conversation under the grievance procedure, then a mediator, then the Fair Work Commission conciliating, then the Commission arbitrating, then a court. Most of that ladder exists to help the two sides reach their own deal, not to rule on it. Raise the escalation step and watch where the decision ring sits and when the rung turns solid.
Resolution ladder
Step 1 · Negotiation
Raise the escalation step. Watch who wears the ring and whether the rung is dashed.
Negotiation · not binding
■ employer · ● employee(s) · pill = third party · ring = who decides · dashed rung = not binding, solid rung = binding
Escalation step1 of 5
NegotiateMediateConciliateArbitrateCourt
Who decides
The parties
Outcome
Not binding
How is the contract negotiated?
The contract stack: each layer must meet or beat every layer under it. Government sets the floors.
National Employment StandardsParliament · Fair Work Act
Common law dutiesrights and obligations · enforced by courts
Know This
Mediation and conciliation help the parties settle on their own terms; arbitration is the first rung where the Fair Work Commission imposes a decision that binds both sides.