Conciliation is a private and informal opportunity for all parties to discuss what occurred, listen to each other's side and have input into how the complaint can be resolved. Conciliation usually involves all parties participating in either a face-to-face meeting or a teleconference.
The Commission conciliator will arrange the conciliation conference and direct all parties to take part.
Resolving a complaint through conciliation at the Commission means that all parties can save the time and cost of having to go to a formal hearing.
If agreement is reached at the conciliation conference, the conciliator will write the parties' terms of settlement down and, once the agreement is signed by all parties, it is filed either at the Queensland Industrial Relations Commission (for work-related complaints), or the Queensland Civil and Administrative Tribunal (for all other complaints) and the complaint is finalised.
If the complaint is not resolved through conciliation, the following bodies have the role of conducting public hearings and deciding whether complaints have been proved.
- Queensland Industrial Relations Commission (QIRC) will deal with complaints that are work-related, and
- Queensland Civil and Administrative Tribunal (QCAT) hwill deal with all other complaints.
An impartial conciliator with specialist knowledge of the Act will run the conciliation conference and assist the parties to reach their own agreement through negotiation.
The conciliator can help all parties think about their options without imposing a decision on the parties. The conciliator will also help all parties to understand their rights and responsibilities under the Act.
The conciliator's role is to decide when, where and how the conciliation conference is held and to ensure the process is fair to all parties. If you have any concerns about how the conciliation conference is being run, you should talk to the conciliator at the time of the conference.