Depending on the type of issue/s, there are a number of ways to attempt to resolve your dispute before coming to Court.

Use the dispute resolution procedures in your award or enterprise agreement

The quickest and easiest way for you to resolve a dispute with your employer is to use the dispute resolution options available at your workplace. Employment contracts, modern awards and enterprise agreements often contain a dispute resolution procedure that should be followed to help resolve disputes.

If you are no longer working for the employer, you could still try talking to them or writing to them to try to resolve the matter by agreement.

If you cannot resolve the dispute informally, you might send a formal letter to your employer (or former employer) asking that they pay you what you believe you are owed. The letter should outline what the dispute is about and the different entitlements you believe are owed. You should explain how you reached your calculation. If your claim is under $100,000, you should be clear that you intend to start a small claim legal proceeding if the matter is not resolved by a set date. Sending a letter creates a final opportunity to resolve things without legal proceedings.

Settling a dispute privately has many benefits. It can save time and is often less stressful and costly than going through a formal legal process. See the Fair Work Commission’s page Resolving issues at the workplace for more information.

Fair Work Ombudsman

The Fair Work Ombudsman aims to help you understand your rights and responsibilities at work. They work with employees, employers and the community to educate and encourage compliance with Australia's workplace laws.

The Fair Work Ombudsman provides lots of resources to help resolve workplace issues.

Fair Work Commission

If you are unable to resolve your dispute at the workplace directly or through mediation, you can file an application with the Fair Work Commission.

The following pages on the Fair Work Commission website provide information about how the Commission can assist with resolving disputes:

• Issues we help with
• Disputes about general protections
• Resolving workplace disputes
• Apply or lodge an application 

Other legal assistance

A community legal centre or legal aid may also be able to assist you with advice about how to resolve your dispute or other options for getting help from a third-party mediator. For more information about getting legal assistance see Find a lawyer.

What happens if I can’t resolve the dispute?

If you cannot resolve your dispute at the Fair Work Commission or with other assistance, you can seek the assistance of a suitable court. For more information see Small claims and I want to apply.

What is Fair Work?

The Fair Work system is Australia’s national workplace relations system. It started on 1 July 2009 and was created by the Fair Work Act 2009. The Fair Work jurisdiction is also referred to as workplace law, industrial law, employment law and/or industrial relations law.

It covers the majority of workplaces in Australia. Employers and employees in the national system all have the same workplace rights and obligations, regardless of which state or territory they work in. You can find out more about the Fair Work system and who it covers on the Fair Work Ombudsman’s website.

The Federal Circuit and Family Court of Australia (Division 2) (the Court) has jurisdiction (along with the Federal Court of Australia) to hear claims under the Fair Work jurisdiction and related legislation including the:

• Fair Work Act 2009
• Fair Work (Registered Organisations) Act 2009
• Federal Safety Commissioner Act 2022, and
• Work Health and Safety Act 2011.

The Court is not the only court that deals with matters covered by the Fair Work Act. Depending on the type of issue, it may not be the most appropriate court to commence a proceeding. Check the provision under which you are commencing a proceeding as it will likely provide more information on the appropriate court.

How can I resolve my Fair Work dispute?

Depending on the type of issues, there are several ways to attempt to resolve your dispute before coming to Court. In some cases, you need to obtain a certificate from the Fair Work Commission before you can file an application in the Court. For more information see Avoiding court.

If you can’t resolve your dispute, the Court has a small claims process which is more informal than most court proceedings and is usually conducted without lawyers. The process aims to settle disputes quickly and fairly, with minimum expense to the parties. Matters are usually resolved with only one hearing. See Small claims.

If you can’t resolve your dispute, the Court has a small claims process for claims relating to the underpayment of employment entitlements of $100,000 or less and certain other application. The small claims process is more informal than most court proceedings and is usually conducted without lawyers. The process aims to settle disputes quickly and fairly, with minimum expense to the parties. For more information see Small claims and I want to apply.