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FAIR WORK AUSTRALIA

UNFAIR DISMISSAL
CONCILATION RESEARCH

SURVEY RESULTS

Prepared For:

Fair Work Australia

Client Contact:
Bernadette O’Neill
Antonia Parkes
Pauline Burke

TNSSR Consultants:
Natalie Wearne
Neil Stafford
Angela Southwell
James Battams

28742

November 2010

TNS Social Research


3 Geelong Street
Fyshwick ACT 2609
t +61 2 6295 2900
f +61 2 6295 2988
e canberra.au@tns-global.com
TNS is a trade mark of Taylor Nelson Sofres Plc
Table of Contents Page No.
Executive Summary..................................................................................................................... 2
1. Introduction .......................................................................................................................... 6
1.1 Methodology................................................................................................................. 7
1.1.1 Qualitative interviews ............................................................................................. 7
1.1.2 Quantitative survey ................................................................................................ 7
1.2 About this report......................................................................................................... 10
2. Survey results .................................................................................................................... 11
2.1 Introduction and screening questions ........................................................................ 11
2.2 Initial access and application ..................................................................................... 14
2.3 Information and preparation ....................................................................................... 18
2.4 The conciliation and conciliator.................................................................................. 32
2.5 Overall service quality measures ............................................................................... 46
2.6 Outcome..................................................................................................................... 50
2.7 Expectations............................................................................................................... 56

November 2010 FWA Conciliation Research >>Page 1


Executive Summary

Introduction

Fair Work Australia, the national workplace relations tribunal and the successor to the Australian
Industrial Relations Commission, commenced operations on 1 July 2009 as a result of workplace
relations changes made by the Fair Work Act 2009 (Cth) (Fair Work Act). The Fair Work Act
established, amongst other things, a new framework for applications made to the tribunal for a remedy
for alleged unfair dismissal (unfair dismissal applications).

With the commencement of the Fair Work Act, Fair Work Australia introduced a new conciliation
process for unfair dismissal applications. Shortly after an unfair dismissal application is made to Fair
Work Australia, the applicant and respondent parties to the application and any of their representatives
are given the opportunity to participate in an informal, voluntary conciliation of the unfair dismissal
application.

The conciliations are conducted by Fair Work Australia employed conciliators. More than 90% of the
conciliations are conducted by telephone conference and almost all unfair dismissal applications
proceed to conciliation.

The results of the new conciliation process are very positive, with nearly all parties electing to
participate in the new conciliation process and more than 80% of the applications conciliated being
settled by agreement between the parties.

Fair Work Australia commissioned this independent research to examine the experiences of
applicants, respondents and their representatives with the tribunal’s administration of unfair dismissal
applications, from the making of an application through to the conclusion of the new conciliation
process. This report details the results of that independent research.

The key findings of this report are set out on pages 4 and 5.

November 2010 FWA Conciliation Research >>Page 2


Methodology

The independent research was conducted by TNS Social Research. The research included a
purposeful qualitative survey followed by a quantitative telephone survey of the parties and
representatives involved in the conciliation of an unfair dismissal application between 1 February and
20 July 2010. The qualitative survey comprised 29 in-depth interviews with such parties and
representatives and was used primarily as the means of scoping the key issues and concepts for
measurement in the quantitative telephone survey.

Those interviewed for the qualitative survey and the quantitative telephone survey were drawn from
the 5,423 applicants, respondents and representatives who had dealt with an unfair dismissal
application between 1 February and 20 July 2010 and who had previously consented to take part in
the research. They included persons from metropolitan and regional areas across all states and
territories of Australia.

The quantitative telephone survey was undertaken by Computer-Assisted Telephone Interviewing


(CATI) and carried out by Lighthouse Data Collection on behalf of TNS Social Research. The
quantitative telephone survey took place between 10 August and 3 September 2010. A total of 1,100
telephone interviews were completed involving 500 applicants, 500 respondents and 100
representatives, with each interview lasting an average of approximately 16 minutes. Quotas were
used to ensure those interviewed formed a representative sample.

November 2010 FWA Conciliation Research >>Page 3


Key findings of the research

The key findings of the research can be conveniently summarised under four headings - overall
satisfaction with Fair Work Australia’s administration of unfair dismissal applications, access to and
information on unfair dismissal applications, the new conciliation process and the Fair Work Australia
conciliators.

1. Overall satisfaction
The independent research reveals that overall satisfaction with Fair Work Australia’s administration of
unfair dismissal applications is high with 86% of applicants, 82% of respondents and 87% of
representatives reporting they were satisfied or extremely satisfied with the service provided by Fair
Work Australia.

2. Access and information


The access to and information on unfair dismissal applications is also regarded favourably. Some
82% of applicants said it was easy to find out what they had to do to make an unfair dismissal
application. Almost 40% of the applicants learned about where to go to make an unfair dismissal
application through internet searching. Other common avenues were a friend or family member
(21%), a union representative (16%) and a lawyer (15%).

The unfair dismissal application form and the employer response form to the application were also
seen as easy to complete by 80% of applicants and 81% of respondents.

Some 85% or more of the participants who spoke to Fair Work Australia staff prior to the conciliation of
an unfair dismissal application agreed or strongly agreed that the staff are professional and helpful and
speak in a way which is clear and easy to understand.

In finding out about and preparing for the conciliation of an unfair dismissal application, the most
commonly accessed information sources are written information from Fair Work Australia and the Fair
Work Australia website. Applicants (83%) and respondents (76%) were most likely to access written
information from Fair Work Australia, while representatives (92%) were most likely to access the Fair
Work Australia website.

Most participants said the information they accessed gave them a better understanding of the unfair
dismissal conciliation process, helped them prepare for the conciliation and was consistent.
Notwithstanding this, around a third of applicants and respondents indicated they would like more
information, most commonly about the conciliation process, obligations and rights, sources of
representation or external help, settlement options and outcomes, previous cases and the steps after
conciliation.

November 2010 FWA Conciliation Research >>Page 4


3. The new conciliation process
The new conciliation process has been well received by most participants. Some 78% of applicants,
81% of respondents and 58% of representatives agreed or strongly agreed the conciliation of an unfair
dismissal application by telephone conference works well, with between 5% and 7% of participants in
each category neither agreeing nor disagreeing that the telephone medium works well.

Further, some 86% of applicants and 88% of respondents considered that having the conciliation over
the telephone was convenient and cost effective, while 72% of applicants and 59% of respondents
reported that having the conciliation over the telephone was more comfortable than being in the same
room with the other party. The vast majority of participants said the conciliation allowed them to put
their or their client’s point of view across.

Over 80% of participants also agreed or strongly agreed the time taken for the conciliation is about
right.

4. The Fair Work Australia conciliators


The overall ratings for the Fair Work Australia conciliators are high, with 86% of applicants, 89% of
respondents and 92% of representatives expressing that they were satisfied or extremely satisfied with
the conciliators.

Most participants (78% of applicants, 73% of respondents and 83% of representatives) agreed or
strongly agreed the conciliator assisted them or their client by outlining the strengths and weaknesses
of their case. In the large majority of cases (85% of applicants, 87% of respondents and 93% of
representatives) there was agreement or strong agreement the conciliator explained the pros and cons
of settling or not settling the unfair dismissal application. Around 75% of applicants and respondents
agreed or strongly agreed the conciliator helped them think through their options and terms of
settlement. The overwhelming majority of participants subsequently felt the conciliator had helped
them come to a decision or assisted settlement discussions without undue influence.

Most participants agreed or strongly agreed the conciliator clearly outlined the purpose of the
conciliation and the conciliation process, made them feel more comfortable by explaining the process
and, at the conclusion of the conciliation, explained the outcome and what would happen next.
Further, some 80% or more of the participants said the conciliators were even-handed, independent
and impartial, were knowledgeable, offered appropriate guidance and information, and helped the
parties to resolve the unfair dismissal application.

The communication skills of the conciliators, including speaking in a clear and simple manner, listening
and understanding, and asking appropriate questions are also seen as strongly positive, with between
84% and 97% of the participants indicating the conciliators demonstrated these skills.
November 2010 FWA Conciliation Research >>Page 5
1. Introduction
Fair Work Australia (FWA), the national workplace relations tribunal, began operations on July 1st
2009, the result of workplace relations changes established by the Fair Work Act 2009 (Cth) (Fair
Work Act). Fair Work Australia is responsible for the resolution of unfair dismissal claims made by
employees covered by the national workplace relations system, a function which previously fell under
the remit of the Australian Industrial Relations Commission.

Under the Work Choices legislation, businesses employing 100 or fewer employees were exempt from
unfair dismissal claims. The Fair Work Act removed this exemption and made other changes,
substantially increasing the number of employees eligible to make unfair dismissal applications.

With the commencement of the Fair Work Act, Fair Work Australia introduced a new conciliation
process for unfair dismissal applications. Shortly after an unfair dismissal application is made to Fair
Work Australia, the applicant and respondent parties to the application and any of their representatives
are given the opportunity to participate in an informal, voluntary conciliation of the unfair dismissal
application.

The conciliations are conducted by Fair Work Australia employed conciliators. More than 90% of the
conciliations are conducted by telephone conference and almost all unfair dismissal applications
proceed to conciliation. Of these, more than 80% have been settled by agreement between the
parties.

Fair Work Australia commissioned this independent research to examine the experiences of
applicants, respondents and their representatives with the tribunal’s administration of unfair dismissal
applications, from the making of an application through to the conclusion of the new conciliation
process. This report details the results of that independent research.

November 2010 FWA Conciliation Research >>Page 6


1.1 Methodology

The independent research was conducted by TNS Social Research. The research included a
purposeful qualitative component followed by a quantitative telephone survey of the parties and
representatives involved in the conciliation of an unfair dismissal application between 1 February and
20 July 2010.

1.1.1 Qualitative interviews

The qualitative research comprised 29 in-depth interviews with such parties (10 applicants and 10
respondents) and representatives (9), with a mixture of represented and unrepresented parties as well
as a mixture of workplace sizes and locations across Australia. The participants were drawn from the
sample of participants who consented to participate in the research. The qualitative interviews were
conducted between 15 June and 10 August 2010 and each interview lasted about three-quarters of an
hour.

The in-depth qualitative interviews encompassed the following key areas:


 Overall impressions of Fair Work Australia’s administration of unfair dismissal applications;
 Access to Fair Work Australia in making or responding to an unfair dismissal application and
the useability of the application and response forms;
 Awareness and use of Fair Work Australia information and support;
 Preparing for the conciliation; and
 The new conciliation process and the conciliator.

The qualitative interviews were used primarily as the means of scoping the key issues and concepts
for measurement in the quantitative telephone survey, further methodological details of which are
outlined below.

1.1.2 Quantitative survey

The quantitative survey was conducted by telephone with a sample drawn from the 5,423 applicants,
respondents and representatives who had dealt with an unfair dismissal application between 1
February and 20 July 2010 and who had previously consented to take part in the research. They
included persons from metropolitan and regional areas across all states and territories of Australia.

Survey questionnaire
The questionnaire was developed through consultation and reference to the qualitative research
findings. Initially, the survey questionnaire was run through a live telephone ‘pilot’ test with a small
sample of participants in order to check the questionnaire logic, timing and comprehension. Following

November 2010 FWA Conciliation Research >>Page 7


the pilot test, minor operational adjustments were made to the questionnaire before the full study was
undertaken.

Two versions of the questionnaire were produced – one for applicants and respondents, and one for
representatives. A large number of questions were similar across versions, with only minor wording
changes to account for the often multiple and ongoing nature of conciliation interactions for
representatives. Sections of the questionnaire explored:
 Background and experience regarding unfair dismissal applications;
 Initial access to Fair Work Australia and completing or responding to an unfair dismissal
application;
 Information utilised by participants concerning the unfair dismissal application and the
conciliation;
 The conciliation and the role of the conciliator;
 Overall service quality;
 Factors influencing the outcome reached at conciliation and satisfaction with the outcome
reached;
 Expectations of the conciliation process; and
 Final thoughts and demographic details.

As per standard procedure for surveys conducted on behalf of the Australian Government which
involve consulting with 50 or more business participants, approval was requested and granted by the
Australian Bureau of Statistics Statistical Clearing House (ABS SCH).

Fieldwork procedure
A sample of applicants, respondents and representatives who had previously consented to take part in
research was provided to be contacted for this project. All contacts were sent a pre-approach letter or
e-mail, authorised by FWA, which detailed the forthcoming survey and provided an alternative
feedback option should they not be able to participate in the telephone survey.

The fieldwork was undertaken by Computer Assisted Telephone Interviewing (CATI) and carried out
by Lighthouse Data Collection on behalf of TNS Social Research. Interviewers working on the survey
were provided with a briefing and background materials relating to the project. Fieldwork took place
th rd
between 10 August and 3 September 2010. A total of 1,100 interviews were completed, broken
down by applicants (500), respondents (500) and representatives (100), with interviews lasting an
average of approximately 16 minutes.

Targets and completions


In order to ensure the completed survey sample was representative of the population (i.e. those
involved in conciliation), a series of targets (quotas) were set on the approximate number of interviews
required for certain classification variables. For example, if the total sample universe indicated that

November 2010 FWA Conciliation Research >>Page 8


30% of conciliations were undertaken in Sydney, a target was set to achieve 30% of the completed
interviews with people who had undertaken conciliation in Sydney. Targets were set on the following
variables:
 Matter registry (capital city location)
 Whether represented in conciliation (applicants / respondents only)
 Metro / non-metro location
 Business size
 Representation type (employer / employee – representatives only).

Examination of the final completed survey sample in relation to these targets showed that the
achieved sample proportions were identical or in close proximity to those found naturally within the
total population of those taking part in unfair dismissal conciliation. As such, it was established that the
survey sample was representative of the population involved in conciliation, and thus no corrective
data weighting was required.

November 2010 FWA Conciliation Research >>Page 9


1.2 About this report
This report provides aggregate data recorded for each question of the survey questionnaire, broken
down by applicants, respondents and representatives. The data is presented graphically in question
order, followed by a brief narrative description of the findings shown.

In interpreting data presented on each chart, the following notes should be considered:

 Percentages often do not add to 100%: Readers should note that some percentages
do not add up to 100% due to rounding (the percentages are represented to the
nearest integer) or answers such as “don’t know” or “not applicable”, which are not
graphed as they are typically fairly small.

 Base size: This describes the parties who were eligible to answer the question and
indicates the actual number (n) who responded to the question.

 Grouping of results: The majority of questions were answered on an eleven-point scale.


While the scale end-points varied, ‘0’ always represented the most negative response and
‘10’ always represented the most positive response – for example ‘0 means strongly
disagree and 10 means strongly agree’. However, to simplify the presentation of results
responses were grouped into smaller categories as outlined below:
o Responses of 0, 1, 2 grouped as ‘strongly disagree’
o Responses of 3,4 grouped as ‘disagree’
o A response of 5 shown as ‘neither’
o Responses of 6,7 grouped as ‘agree’
o 8, 9, 10 grouped as ‘strongly agree’.

November 2010 FWA Conciliation Research >>Page 10


2. Survey results

2.1 Introduction and screening questions

Figure 1: Experience with Conciliation

Applicants Respondents

2%
27%

Once Once

More More
than than
once once

73%
98%

Once or twice 16

Between 3 - 5 times 27

Between 6 - 10 times 33

Between 11 - 15 times 11

Between 16 - 20 times 4
Representatives
Between 21 - 30 times 6

31 times or more 3

0% 20% 40% 60% 80% 100%


BASE
All Applicants (n=500) [Applicants & Respondents] SC1. Could I start by asking you how many times you have participated in the conciliation of an
All Respondents (n=500) unfair dismissal claim since 1st July 2009?
All Representatives (n=100) [Representatives] QA1a. Approximately how many times have you represented someone?

Figure 1 shows that 98% of applicants and 73% of respondents have participated in the conciliation
st
process once since the 1 July, 2009. Two percent of applicants and 27% of respondents have
participated in the conciliation process more than once.

For representatives, participation was higher: 16% of representatives have represented someone in
the conciliation process once or twice, 27% between 3 and 5 times, 33% between 6 and 10 times,
11% between 11 and 15 times, 4% between 16 and 20 times, 6% between 21 and 30 times, and 3%
have represented someone in the conciliation process 31 times or more.

November 2010 FWA Conciliation Research >>Page 11


Figure 2: Method of conciliation

Telephone Both Face to Face

2
APPS 95
4

RESP 4 8 88

REPS
2 29 69

BASE
All Applicants (n=500)
[Applicants & Respondents] SC2. And <was / were> the conciliation(s) undertaken by telephone?
All Respondents (n=500)
[Representatives] QA2. And were these all undertaken by telephone?
All Representatives (n=100)

Figure 2 demonstrates that, according to the survey results, 95% of applicants, 88% of respondents
st
and 69% of representatives had participated in conciliations only via telephone since July 1 2009.
Two percent of applicants, 8% of respondents and 29% of representatives had participated in multiple
conciliations by telephone and face to face methods. Four percent of applicants, 4% of respondents
and 2% of representatives had participated in conciliations through face to face channels only.

November 2010 FWA Conciliation Research >>Page 12


Figure 3: Representatives’ familiarity and experiences with conciliation

Familiarity with Conciliation Experience before July 2009

%
100

80

13%

60
80
Very familiar
Familiar
40 Neither Yes
Unfamiliar No
Not familiar at all
20

16
87%
0 1 2 1

REPS
20

[Representatives] QA3. Have you been involved in an unfair dismissal conciliation prior to 1st July 2009?
BASE
[Representatives] QA5. In general, how familiar would you say you are with the FWA unfair dismissal conciliation process?
All Representatives (n=100)
Answer this question on a scale of 0 to 10, where 0 represents not at all familiar and 10 very familiar.

Figure 3 indicates that 96% of representatives reported being familiar or very familiar with the Fair
Work Australia unfair dismissal conciliation process, 2% neither familiar nor unfamiliar, and 2% of
representatives considered they were unfamiliar or not familiar at all with the conciliation process.

Additionally, 87% of representatives reported being involved in an unfair dismissal conciliation prior to
July 2009, and the remaining 13% said that they had not been involved in conciliation prior to July
2009.

November 2010 FWA Conciliation Research >>Page 13


2.2 Initial access and application

Figure 4: How applicants learned about where to go to make an unfair dismissal claim

Internet searching (general) 23


Friend / family member 21
Union representative 16
Lawyer / solicitor etc 15
Internet - FWA site 15
Contact with Fair Work Australia staff 6
Colleague told me 4
Contact with Fair Work Ombudsman staff 4
I just knew 3
Fair Work infoline 3
Contact with other organisation 2
Other representative 2
Employer told me 1
Other 4

0% 20%
BASE
All Applicants (n=500) [Applicants] QB1. How did you find out where to go to make an unfair dismissal claim?

Figure 4 highlights that the most common way that applicants learned about the unfair dismissal
conciliation process was through internet searching, with 23% of applicants using this method. When
combined with those applicants who learned about where to go through the FWA website (15%), the
internet was used by over one-third (38%) to find out where to go to make an unfair dismissal claim.
Other common avenues were a friend or family member (21%), a union representative (16%), and a
lawyer or solicitor (15%).

November 2010 FWA Conciliation Research >>Page 14


Figure 5: Involvement of representatives in application
Type of service provided Assistance in applications

0%
15%

46%

39%

100%
Full service Yes - applications (employee)
Yes - response (employer)
Partial Service Yes - both
REPS

[Representatives] QB1. What type of support and / or advice do you tend to provide to applicants or respondents to unfair
BASE dismissal applications?
[Representatives] QB2. Do you assist in the preparation of applications for unfair dismissal and / or response forms to a
All Representatives (n=100)
claim?

Figure 5 shows that all representatives surveyed considered that they offer a full service to clients for
the unfair dismissal process. Survey results indicated that 46% of representatives assisted with
application forms, while 39% assisted with response forms. The remaining 15% of representatives
said that they assisted with both types of form.

November 2010 FWA Conciliation Research >>Page 15


Figure 6: Ease of application

It was easy to find out what I had to do to make a claim for unfair dismissal

APPS 2 5 8 17 65

20% 0% 20% 40% 60% 80% 100%

The unfair dismissal application form was/is easy to complete

APPS 1 2 5 13 67

REPS 2 18 79

20% 0% 20% 40% 60% 80% 100%

BASE
Strongly Disagree Disagree Neither Agree Strongly agree
All Applicants (n=500)
All Representatives who [Applicants & Respondents] QB2. On a scale of 0 to 10, where 0 is strongly disagree and 10 is strongly agree, how much do
assist in the preparation of you agree that...
applications for unfair [Representatives] QB3. Thinking specifically about the applications that you assist with, on a scale of 0 to 10, where 0
dismissal (n=61) means strongly disagree and 10 strongly agree, how much do you agree that…

It was easy to find out what I to do to make a claim for unfair dismissal
Figure 6 shows that 82% of applicants agreed or strongly agreed that it was easy to find out what to do
to make a claim for unfair dismissal. Eight percent of applicants neither agreed nor disagreed with the
statement. A further 7% of applicants disagreed or strongly disagreed that it was easy to find out what
to do to make a claim for unfair dismissal.

The unfair dismissal application form was/is easy to complete


Figure 6 indicates 80% of applicants and 97% of representatives who completed application forms on
behalf of their clients agreed or strongly agreed with the statement that the unfair dismissal application
form was/is easy to complete. Five percent of applicants and no representatives were neutral towards
this statement, and 3% of applicants and 2% of representatives disagreed or strongly disagreed that
the unfair dismissal application form was/is easy to complete.

November 2010 FWA Conciliation Research >>Page 16


Figure 7: Ease of response
It was easy to find out what I had to do to respond to an unfair dismissal claim

RESP 5 3 7 28 54

20% 0% 20% 40% 60% 80% 100%

The unfair dismissal response form was/is easy to complete

RESP 22 7 25 56

REPS 13 87

20% 0% 20% 40% 60% 80% 100%

BASE
Strongly Disagree Disagree Neither Agree Strongly agree
All Respondents (n=500)
All Representatives who [Applicants & Respondents] QB3. On a scale of 0 to 10, where 0 is strongly disagree and 10 is strongly agree, how much do
assist in the preparation of you agree that...
responses for unfair [Representatives] QB4.Thinking specifically about the response forms you completed, on a scale of 0 to 10, where 0 means
dismissal (n=54) strongly disagree and 10 strongly agree , how much do you agree that …

It was easy to find out what I had to do to respond to an unfair dismissal claim
Figure 7 shows that 82% of respondents agreed or strongly agreed that it was easy to find out what to
do to respond to an unfair dismissal claim. Seven percent of respondents did not agree nor disagree
with the statement. Eight percent of respondents disagreed or strongly disagreed that it was easy to
find out what to do to respond to an unfair dismissal claim.

The unfair dismissal response form was/is easy to complete


Figure 7 shows that 81% of respondents and 100% of representatives who completed response forms
on behalf of their clients agreed or strongly agreed that the unfair dismissal response form was/is easy
to complete. Seven percent of respondents did not agree nor disagree with the statement. Four
percent of respondents’ disagreed or strongly disagreed that the unfair dismissal response form was
easy to complete.

November 2010 FWA Conciliation Research >>Page 17


2.3 Information and preparation

Figure 8: Types of information accessed

Read written 83
information from Fair
76
Work Australia about
the conciliation process 72

54
Speak to anyone at Fair
Work Australia about 38 Applicants
the process 46
Respondents
20
Speak to anyone at the
Fair Work Ombudsman 7
Representatives
about the process

67
Use the Fair Work
67
Australia website
92

0% 20% 40% 60% 80% 100%

BASE
All Applicants (n=500)
All Respondents (n=500)
All Representatives (n=100) QC1. In finding out and preparing for the conciliation, did you do any of the following…

Read written information from Fair Work Australia about the conciliation process
Figure 8 indicates that 83% of applicants, 76% of respondents and 72% of representatives read
written information from Fair Work Australia about the conciliation process in finding out and preparing
for the conciliation.

Speak to anyone at Fair Work Australia and / or Fair Work Ombudsman about the process
Additionally, as illustrated in Figure 8, 54% of applicants, 38% of respondents and 46% of
representatives reported that they had spoken to someone at Fair Work Australia about the process in
finding out and preparing for the conciliation. Twenty per cent of applicants and 7% of respondents
spoke to someone at the Fair Work Ombudsman about the process in finding out and preparing for the
conciliation.

Use the Fair Work Australia website


Figure 8 also indicates that 67% of applicants, 67% of respondents and 92% of representatives used
the Fair Work Australia website in finding out and preparing for conciliation.

November 2010 FWA Conciliation Research >>Page 18


Figure 9: Types of written information accessed

46
Unfair Dismissal Guide 41
68

21
Written information on
15
the website
63 Applicants

7
Legislation (e.g. Fair
9 Respondents
Work Act)
32

1 Representatives
Other 4
8

39
Can't remember what
45
was read
10

0% 20% 40% 60% 80% 100%

BASE: Those who read


written information.
Applicants (n=413)
Respondents (n=382)
Representatives (n=72) QC2. What written information from Fair Work Australia read?

Figure 9 shows that out of those survey participants who had read information from Fair Work
Australia about the conciliation process, 46% of applicants, 41% of respondents and 68% of
representatives read the Unfair Dismissal Guide. Twenty-one percent of applicants, 15% of
respondents and 63% of representatives read written information on the website. Seven percent of
applicants, 9% of respondents and 32% of representatives had read legislation, such as the Fair Work
Act. A further 1% of applicants, 4% of respondents and 8% of representatives read something else
(other).

Thirty-nine percent of applicants, 45% of respondents and 10% of representatives reported not being
able to remember what they had read.

November 2010 FWA Conciliation Research >>Page 19


Figure 10: Usefulness of written information

Relevant to my
Clear and easy to situation / in Provided enough detail Easy to access
understand about conciliation
% representing a party
100

80

Strongly
59 58 52 Agree
60 64 60 57 68
71 83 82
Agree

40 Neither

Disagree

20 27 26 24 29
21 28 Strongly
19 25 disagree
14 17
4 8 8 7 9 8
0 22 2 22
4 3 4 6 6 8 7 2
1 3 2 3
4 3 2 4
20 APPS RESP REPS APPS RESP REPS APPS RESP REPS REPS

All participants who could


remember what written info
they accessed.
Applicants (n=253)
Respondents (n=211)
Representatives (n=65) QC3. Overall, on a scale of 0 to 10, how much do you agree that this information was…

Clear and easy to understand


Figure 10 indicates that 90% of applicants, 86% of respondents and 97% of representatives who had
accessed written information from Fair Work Australia agreed or strongly agreed that the information
was clear and easy to understand. Four percent of applicants, 8% of respondents and 2% of
representatives neither agreed nor disagreed with the statement. Five percent of applicants, 6% of
respondents and 2% of representatives disagreed or strongly disagreed that the information was clear
and easy to understand.

Relevant to my situation / in representing a party


As illustrated in Figure 10, 85% of applicants, 84% of respondents and 88% of representatives agreed
or strongly agreed that the written information was relevant to their situation/ in representing a party.
Eight percent of applicants, 7% of respondents and 2% of representatives neither agreed nor
disagreed with this statement. Six percent of applicants, 10% of respondents and 9% of
representatives disagreed or strongly disagreed that the information was relevant to their situation/ in
representing a party.

November 2010 FWA Conciliation Research >>Page 20


Provided enough detail about conciliation
In relation to level of detail of written information, Figure 10 shows that 81% of applicants, 81% of
respondents and 93% of representatives agreed or strongly agreed that the information provided
enough detail about conciliation. Nine percent of applicants, 8% of respondents and 2% of
representatives neither agreed nor disagreed with this. Ten percent of applicants, 11% of respondents
and 5% of representatives disagreed or strongly disagreed that the information provided enough detail
about conciliation.

Easy to access
Figure 10 indicates that 99% of representatives agreed or strongly agreed that the information was
easy to access. Two percent of representatives disagreed that the information was easy to access.

November 2010 FWA Conciliation Research >>Page 21


Figure 11: FWA Staff (prior to conciliation)

Were professional and Spoke in a way which was


helpful clear and easy to
% understand
100

80
Strongly
Agree
69 63
60 68 63 84 Agree
85
Neither
40
Disagree

20 Strongly
19 21 28
22 disagree

6 11
3 6 4 6 4
0
33 4 22 1 2 2 2
3 9

20 APPS RESP REPS APPS RESP REPS

BASE: All participants who


spoke to someone at FWA.
[Applicants and respondents] QC4. On a scale of 0 to 10, how much do you agree that the Fair Work Australia staff you
Applicants (n=271) spoke to before the conciliation …
Respondents (n=192) [Representatives] QC4. On a scale of 0 to 10, how much do you agree that the Fair Work Australia staff you have spoken to
Representatives (n=46) about the process…

Were professional and helpful


Figure 11 shows that 91% of applicants, 87% of respondents and 85% of representatives agreed or
strongly agreed that the Fair Work Australia staff they had spoken to before the conciliation/ about the
process were professional and helpful. Three percent of applicants, 6% of respondents and 4% of
representatives neither agreed nor disagreed with the statement. Six percent of applicants, 7% of
respondents and 9% of representatives disagreed or strongly disagreed that the Fair Work Australia
staff they had spoken to before the conciliation/ about the process were professional and helpful.

Spoke in a way which was clear and easy to understand


Figure 11 also indicates that 95% of applicants, 90% of respondents and 91% of representatives
agreed or strongly agreed that the Fair Work Australia staff they had spoken to before the conciliation/
about the process spoke in a way which was clear and easy to understand. Two percent of applicants,
6% of respondents and 4% of representatives neither agreed nor disagreed with this. Three percent of
applicants, 4% of respondents and 2% of representatives disagreed or strongly disagreed that the Fair
Work Australia Staff they had spoken to before the conciliation/ about the process spoke in a way
which was clear and easy to understand.

November 2010 FWA Conciliation Research >>Page 22


Figure 12: FWA Website

Was easy to find what Provided information Provided


you were looking for which was clear and easy information
% on the website to understand relevant to your
100 situation

80

46 66 52 71 48 Strongly
60 61 67 58
Agree

Agree

40
Neither

32 32 31 Disagree
20 25 26
28 24 26 Strongly
disagree
7 10 9 8 10
0 4 4 3
3 8 1 3 5 5 6
1 1 2 2 4
4
20
APPS RESP REPS APPS RESP REPS APPS RESP

BASE: All participants who


accessed the FWA website.
Applicants (n=335)
Respondents (n=333)
Representatives (n=92) QC5. And with the Fair Work Australia website, on a scale of 0 to 10, how much do you agree that it…

Was easy to find what you were looking for on the website
Examining those survey participants who had accessed the Fair Work Australia website for
information, Figure 12 shows that 86% of applicants, 78% of respondents and 94% of representatives
agreed or strongly agreed that it was easy to find what they were looking for on the Fair Work Australia
website. Seven percent of applicants, 10% of respondents and 4% of representatives neither agreed
nor disagreed. Four percent of applicants, 12% of respondents and 1% of representatives disagreed
or strongly disagreed that it was easy to find what they were looking for on the website.

Provided information which was clear and easy to understand


Figure 12 indicates that 91% of applicants, 84% of respondents and 97% of representatives agreed or
strongly agreed that the Fair Work Australia website provided information which was clear and easy to
understand. Four percent of applicants, 9% of respondents and 3% of representatives neither agreed
nor disagreed with the statement. Four percent of applicants, 7% of respondents and no
representatives disagreed or strongly disagreed that the Fair Work Australia website provided
information which was clear and easy to understand.

November 2010 FWA Conciliation Research >>Page 23


Provided information relevant to your situation
In addition, Figure 12 indicates that 84% of applicants and 79% of respondents agreed or strongly
agreed that the Fair Work Australia website provided information which was relevant to their situation.
Eight percent of applicants and 10% of respondents neither agreed nor disagreed with this. Seven
percent of applicants and 10% of respondents disagreed or strongly disagreed that the Fair Work
Australia website provided information which was relevant to their situation.

November 2010 FWA Conciliation Research >>Page 24


Figure 13: Effectiveness of information received from FWA

Gave you a better Helped you to Was consistent


understanding of prepare for with other
the unfair dismissal conciliation information from
% conciliation process FWA that you had
100 seen or heard

80

47 Strongly
60 60 31 42 30 59 56 Agree
53 70
Agree
40
27 33 31 Neither
27
20 20 21 20 22
20 Disagree
10 15 13 8 13 15 9 8
0
5 4 6 9 6 5 2 3 4
3 12 2 Strongly
3 6 3 9 6 disagree
6
20

40
APPS RESP REPS APPS RESP REPS APPS RESP REPS

60

BASE: All participants who


accessed any FWA
information.
[Applicants and respondents] QC6.Thinking of all the information you received from FWA before the conciliation, on a scale
Applicants (n=462) of 0 to 10, how much do you agree that it:
Respondents (n=441) [Representatives] QC6.Thinking of all the information you have received from FWA about conciliation, on a scale of 0 to 10,
Representatives (n=97) how much do you agree that this…

Gave you a better understanding of the unfair dismissal conciliation process


Figure 13 illustrates that 80% of applicants, 74% of respondents and 64% of representatives agreed or
strongly agreed that all the information they received from Fair Work Australia about conciliation gave
them a better understanding of the unfair dismissal process. Ten percent of applicants, 15% of
respondents and 13% of representatives neither agreed nor disagreed with the statement. Eight
percent of applicants, 10% of respondents and 9% of representatives disagreed or strongly disagreed
that all the information they received from FWA about conciliation gave them a better understanding of
the unfair dismissal conciliation process.

Helped you prepare for conciliation


As shown in Figure 13, the survey results indicated that 74% of applicants, 69% of respondents and
61% of representatives agreed or strongly agreed that all the information they received from Fair Work
Australia about conciliation helped them prepare for conciliation. Eight percent of applicants, 13% of
respondents and 15% of representatives neither agreed nor disagreed with the statement. Fifteen
percent of applicants, 15% of respondents and 11% of representatives disagreed or strongly
disagreed that all the information they received from FWA about conciliation helped them prepare for
it.
November 2010 FWA Conciliation Research >>Page 25
Was consistent with other information from FWA that you had seen or heard
Figure 13 shows that 79% of applicants, 78% of respondents and 90% of representatives agreed or
strongly agreed that all the information they received from Fair Work Australia about conciliation was
consistent with other information from FWA that they had seen or heard. Nine percent of applicants,
8% of respondents and 2% of representatives neither agreed nor disagreed with this statement. Five
percent of applicants, 7% of respondents and 3% of representatives disagreed or strongly disagreed
that all the information they received from FWA about conciliation was consistent with other
information from them that they had seen or heard.

November 2010 FWA Conciliation Research >>Page 26


Figure 14: Participants who would like more information

Applicants
33

33 Respondents

30 Representatives

0% 15% 30% 45%


BASE: All participants who
accessed any FWA
information.
Applicants (n=462)
Respondents (n=441)
QC7a. Was there any extra information you would have liked?
Representatives (n=97)

Figure 14 demonstrates that out of those participants who accessed information from any Fair Work
Australia source, 33% of applicants, 33% of respondents and 30% of representatives would have liked
extra information.

November 2010 FWA Conciliation Research >>Page 27


Figure 15: Types of extra information requested by applicants and respondents

Information about the conciliation process - what would 35


happen, how it runs 33
19
Legal info about employee/employer obligations and rights
30
25
Information about representation / getting external help
15
Information on outcomes / terms of settlement / settlement 23
options 16
Scenarios, case studies, previous examples, previous 16 Applicants
cases 14
12
Steps after conciliation / what happens next
14 Respondents
Information on the benefits of settling / disadvantages of not 9
settling and proceeding to hearing 7
8
Information on timeframes
5
6
Information about the role of the conciliator
5
10
Other
14

0% 10% 20% 30% 40% 50%

BASE: Those who indicated


that they would like more
information.
Applicants (n=154)
Respondents (n=146) [Applicants and respondents] QC7b. What extra information would you have liked to have had?

Figure 15 displays the types of extra information those applicants and respondents would have liked.
The main types of information desired included:
 ‘Information about the conciliation process, what would happen and how it runs’ (35% of
applicants and 33% of respondents wanting more information mentioning this)
 ‘Legal information about employee/ employer obligations and rights’ (19% of applicants; 30% of
respondents)
 ‘Information about representation and getting external help’ (25% of applicants; 15% of
respondents)
 ‘Information on outcomes, terms of settlement and settlement options’ (23% of applicants; 16% of
respondents)
 ‘Scenarios, case studies, previous examples and cases’ (16% of applicants; 14% of respondents)
 ‘Information on the steps after conciliation and what happens next’ (12% of applicants; 14% of
respondents).

November 2010 FWA Conciliation Research >>Page 28


Figure 16: Types of extra information requested by representatives

Information about the conciliation process - what


31
would happen, how it runs
Information on outcomes / terms of settlement /
14
settlement options

Information on the rules / jurisdiction of conciliation 14 Representatives

Scenarios, case studies, previous examples,


7
previous cases

Other 34

0% 10% 20% 30% 40% 50%


BASE: Representatives that
would like more information.
Representatives (n=29)
*BASE SIZE BELOW 30* [Representatives] QC7b. What extra information would you liked to have had?

Looking at the types of extra information those representatives would have liked, Figure 16 illustrates
the following is desired:
 ‘Information about the conciliation process, what would happen and how it runs’ (31% of
representatives wanting more information mentioning this)
 ‘Information on outcomes, terms of settlement and settlement options’ (14%)
 ‘Information on the rules and jurisdiction of conciliation (14%)
 ‘Scenarios, case studies, previous examples and cases’ (7%)
 Other types of information (34%).

November 2010 FWA Conciliation Research >>Page 29


Figure 17: Preparedness of parties (1)

Level of preparedness
prior to conciliation
%
100

80
Extremely well
prepared
60 60 73 Well
prepared
40
Neither

20 20 Not prepared
17
0 8 4 Not at all
5 3 3 prepared
7
20
APPS RESP
40

60

BASE
All Applicants (n=500)
[Applicants and respondents] QC8a. How well prepared did you feel prior to taking part in the conciliation itself?
All Respondents (n=500)

Figure 17 shows that 80% of applicants and 90% of respondents felt well or extremely well prepared
prior to taking part in the conciliation itself. Eight percent of applicants and 4% of respondents felt
neither prepared nor unprepared, while 12% of applicants and 6% of respondents felt not or not at all
prepared.

November 2010 FWA Conciliation Research >>Page 30


Figure 18: Preparedness of parties (2)

42
Clear information on the steps I had to take
17

30
Information on the issues I needed to cover
21

Information on the conciliation process and the 20


role of the conciliator 27
Applicants
Information on possible settlement options/ 15
terms 15

10 Respondents
Information on other unfair dismissal cases
13

Information on what happens if the matter is not 4


resolved at conciliation 17

26
Other
33

0% 20% 40%

BASE
All Applicants not feeling
prepared (n=96)
All Respondents not feeling
prepared (n=48) [Applicants and respondents] QC8b. What would have helped you feel more prepared?

Figure 18 displays the types of information that applicants and respondents who would have liked
extra information to help them prepare for the conciliation process specified. This included the
following things:
 ‘Clear information on the steps I had to take for conciliation’ (mentioned by 42% of applicants and
17% of respondents wanting extra information to help them prepare)
 ‘Information on the issues I needed to cover in conciliation’ (30% applicants; 21% respondents)
 ‘More information on the conciliation process and the role of the conciliator’ (20% applicants; 27%
respondents)
 ‘Information on possible settlement options/ terms of settlement’ (15% applicants; 15%
respondents)
 ‘Information on other unfair dismissal cases’ (10% applicants; 13% respondents)
 ‘Information on what happens should the matter not be resolved at conciliation’ (4% applicants;
17% respondents).

November 2010 FWA Conciliation Research >>Page 31


2.4 The conciliation and conciliator

Figure 19: Agreement with statements relating to conciliation (1)

The conciliation The conciliation There was a good The conciliation


was well was fair balance between was a valuable
managed joint discussions and worthwhile
and private process
% sessions with the
100 conciliator

80
Strongly
Agree
64
60 68 55 Agree
70 71 56 57 68 66 70 46
60
Neither
40
Disagree
20 17 27 21 27
23 17 18 17 Strongly
16 17 18 17 disagree
5 10 8 5 6 6 11 6
0 4 4 4 4
3 4 4 6 7 2 6 4 4
4 2 7 8 5
6 3 5 7
9 10 9 13
20

APPS RESP REPS APPS RESP REPS APPS RESP REPS APPS RESP REPS
40

BASE [Applicants and respondents] QD1. Regardless of the outcome of the conciliation, how much, on a scale
of 0 to 10, do you agree with the following:
Applicants (n=500)
[Representatives] QD1. Thinking across your experience in conciliation, and regardless of their
Respondents (n=500) outcomes, how much do you agree with the following:
Representatives (n=100)

The conciliation was well managed


Figure 19 shows that 86% of applicants, 88% of respondents and 91% of representatives agreed or
strongly agreed that the conciliation was well managed. Five percent of applicants, 4% of respondents
and 4% of representatives neither agreed nor disagreed with this statement. Nine percent of
applicants, 7% of respondents and 4% of representatives disagreed or strongly disagreed that the
conciliation was well managed.

The conciliation was fair


Figure 19 also shows that 73% of applicants, 74% of respondents and 86% of representatives agreed
or strongly agreed that the conciliation was fair. Ten percent of applicants, 8% of respondents and 4%
of representatives neither agreed nor disagreed with this statement. A further 15% of applicants, 17%
of respondents and 8% of representatives disagreed or strongly disagreed that the conciliation was
fair.

November 2010 FWA Conciliation Research >>Page 32


There was a good balance between joint discussions and private sessions with the conciliator
As illustrated in Figure 19, 84% of applicants, 87% of respondents and 91% of representatives agreed
or strongly agreed that there was a good balance between joint discussions and private sessions with
the conciliator. Five percent of applicants, 4% of respondents and 6% of representatives neither
agreed nor disagreed with this statement. Nine percent of applicants, 8% of respondents and 2% of
representatives disagreed or strongly disagreed that there was a good balance between joint
discussions and private sessions with the conciliator.

The conciliation was a valuable and worthwhile process


Figure 19 indicates that 77% of applicants, 67% of respondents and 82% of representatives agreed or
strongly agreed that the conciliation was a valuable and worthwhile process. Six percent of applicants,
11% of respondents and 6% of representatives neither agreed nor disagreed with this. Sixteen percent
of applicants, 21% of respondents and 12% of representatives disagreed or strongly disagreed that
the conciliation was a valuable and worthwhile process.

November 2010 FWA Conciliation Research >>Page 33


Figure 20: Agreement with statements relating to conciliation (2)

The conciliation Having the Having the The conciliation


worked well over conciliation over conciliation over worked well face-
the telephone the telephone was the telephone was to-face
more comfortable convenient and
% than being in the cost effective
100 same room with
the other party

80
Strongly
Agree
60 52
60 74 78 66 87 Agree
64 22 49
62
40 Neither

36 10 26 Disagree
20
18 17 10 22
19 12 10
7 7 9 6 6 11 13 Strongly
0 5 3 disagree
6 8 6 9 3 2 4 4 3
14 5 3
8 5 11 11
20
20

40

APPS RESP REPS APPS RESP APPS RESP APPS RESP REPS
60
BASE: Phone conciliations or face to face
conciliations respectively. [Applicants and respondents] QD1. Regardless of the outcome of the conciliation, how much, on a scale
of 0 to 10, do you agree with the following:
Applicants (n=482 / 27)
[Representatives] QD1. Thinking across your experience in conciliation, and regardless of their
Respondents (n=481 / 58) outcomes, how much do you agree with the following:
Representatives (n=98 / 31)

The conciliation worked well over the telephone


Figure 20 illustrates that 78% of applicants, 81% of respondents and 58% of representatives agreed or
strongly agreed that the conciliation worked well over the telephone. Seven percent of applicants, 5%
of respondents and 7% of representatives neither agreed nor disagreed with this. Fourteen percent of
applicants, 13% of respondents and 34% of representatives disagreed or strongly disagreed that the
conciliation worked well over the telephone.

Having the conciliation over the telephone was more comfortable than being in the same room as the
other party
Figure 20 shows that 72% of applicants and 59% of respondents agreed or strongly agreed that
having the conciliation over the telephone was more comfortable than being in the same room as the
other party. Nine percent of applicants and 19% of respondents neither agreed nor disagreed that this
was the case. Seventeen percent of applicants and 20% of respondents disagreed or strongly
disagreed that having the conciliation over the telephone was more comfortable than being in the
same room as the other party.

November 2010 FWA Conciliation Research >>Page 34


Having the conciliation over the telephone was convenient and cost effective
In addition, Figure 20 demonstrates that 86% of applicants and 88% of respondents agreed or strongly
agreed that having the conciliation over the telephone was convenient and cost effective, while 6% of
applicants and 6% of respondents neither agreed nor disagreed with this statement. Eight percent of
applicants and 6% of respondents disagreed or strongly disagreed that having the conciliation over the
telephone was convenient and cost effective.

The conciliation worked well face to face


Figure 20 also shows that 78% of applicants, 88% of respondents and 100% of representatives who
st
had experienced a face to face conciliation since July 1 2009 agreed or strongly agreed that the
conciliation worked well through this method. Eleven percent of applicants and 3% of respondents
neither agreed nor disagreed with the statement. A further 4% of applicants and 6% of respondents
disagreed or strongly disagreed that the conciliation worked well face to face.

November 2010 FWA Conciliation Research >>Page 35


Figure 21: Agreement with statements relating to conciliation (3)

The conciliation The time taken for


allowed me to put my the conciliation
% (/party’s) point of was about right
100 view across

80
Strongly
60 65 52 Agree
61 69 69 66
Agree
40
Neither
20 30
17 17 21 17 Disagree
15
0 7 4 5 4 6 5
5 5 5 6 Strongly
8 5 5 5 8
7 5 5 disagree

20

40
APPS RESP REPS APPS RESP REPS

60

BASE [Applicants and respondents] QD1. Regardless of the outcome of the conciliation, how much, on a scale of 0 to 10, do you
All Applicants (n=500) agree with the following:
[Representatives] QD1. Thinking across your experience in conciliation, and regardless of their outcomes, how much do
All Respondents (n=500)
you agree with the following:
All Representatives (n=100)

The conciliation allowed me to put my (/party’s) point of view across


Figure 21 shows that 78% of applicants, 86% of respondents and 86% of representatives agreed or
strongly agreed that the conciliation allowed them to put their or their party’s point of view across.
Seven percent of applicants, 4% of respondents and 5% of representatives neither agreed nor
disagreed with this statement. Fifteen percent of applicants, 10% of respondents and 10% of
representatives disagreed or strongly disagreed that the conciliation allowed them to put their / their
party’s point of view across.

The time taken for the conciliation was about right


Figure 21 indicates that 84% of applicants, 83% of respondents and 82% of representatives agreed or
strongly agreed that the time taken for the conciliation was about right. Four percent of applicants, 6%
of respondents and 5% of representatives neither agreed nor disagreed with the statement, with an
additional 10% of applicants, 11% of respondents and 13% of representatives disagreeing or strongly
disagreeing that the time taken for the conciliation was about right.

November 2010 FWA Conciliation Research >>Page 36


Figure 22: Conciliator attributes (1)

Clearly outlined the Made you feel more Helped you or your client
purpose of the comfortable by understand by outlining the
conciliation & the explaining the strengths or weaknesses of
% conciliation process process your case
100

80 Strongly
Agree
38
Agree
60 62
79 83 90 70 62 51
Neither

40 Disagree

45 Strongly
disagree
20
21 22
16 16
12
12 8
5 5 7 7 9 8
0 1 1 21 1 1 4 4 6 5 5
2 5 5 3
8 9
20 APPS RESP REPS APPS RESP APPS RESP REPS

BASE
All Applicants (n=500)
All Respondents (n=500) QD2. And now, thinking about the role of the conciliator, on a scale of 0 to 10 where 0 Is strongly disagree and 10 is strongly
All Representatives (n=100) agree, how much do you agree that the conciliator…

Clearly outlined the purpose of the conciliation and the conciliation process
Figure 22 shows that 91% of applicants, 95% of respondents and 98% of representatives agreed or
strongly agreed that the conciliator clearly outlined the purpose of the conciliation and the conciliation
process. Five percent of applicants, 2% of respondents and 1% of representatives neither agreed nor
disagreed with this. Three percent of applicants, 2% of respondents and 1% of representatives
disagreed or strongly disagreed that the conciliator clearly outlined the purpose of the conciliation and
the conciliation process.

Made you feel more comfortable by explaining the process


Figure 22 indicates that 86% of applicants and 83% of respondents agreed or strongly agreed that the
conciliator made them feel more comfortable by explaining the process. Five percent of applicants and
7% of respondents neither agreed nor disagreed with this statement. Overall, nine percent of
applicants and 9% of respondents disagreed or strongly disagreed that the conciliator made them feel
more comfortable by explaining the process.

November 2010 FWA Conciliation Research >>Page 37


Helped you or your client understand by outlining the strengths or weaknesses of your case
As indicated in Figure 22, 78% of applicants, 73% of respondents and 83% of representatives agreed
or strongly agreed that the conciliator helped them or their client by outlining the strengths or
weaknesses of their case. Seven percent of applicants, 9% of respondents and 8% of representatives
neither agreed nor disagreed with this. Fourteen percent of applicants, 14% of respondents and 8% of
representatives disagreed or strongly disagreed that the conciliator helped them or their client by
outlining the strengths or weaknesses of their case.

November 2010 FWA Conciliation Research >>Page 38


Figure 23: Conciliator attributes (2)

Explained the pros and Helped you think through


cons of settling the case your options and terms of
% without going to a full settlement
100 hearing

80

Strongly
60 68 Agree
71 70 57
60 Agree
40
Neither

20 18 Disagree
14 17 25 16
Strongly
5 5 7 9
22 3
0 disagree
4 2 5 5
5 4
9 8
20

APPS RESP REPS APPS RESP


40

BASE
All Applicants (n=500)
All Respondents (n=500) QD2. And now, thinking about the role of the conciliator, on a scale of 0 to 10 where 0 Is strongly disagree and 10 is strongly
All Representatives (n=100) agree, how much do you agree that the conciliator

Explained the pros and cons of settling the case without going into a full hearing
Figure 23 shows that 85% of applicants, 87% of respondents and 93% of representatives agreed or
strongly agreed that the conciliator explained the pros and cons of settling the case without going to a
full hearing. Five percent of applicants, 5% of respondents and 2% of representatives neither agreed
nor disagreed that this was the case. Nine percent of applicants, 6% of respondents and 5% of
representatives disagreed or strongly disagreed that the conciliator explained the pros and cons of
settling the case without going to a full hearing.

Helped you think through your options and terms of settlement


Figure 23 also indicates that 76% of applicants and 75% of respondents agreed or strongly agreed
that the conciliator helped them think through their options and terms of settlement. Seven percent of
applicants and 9% of respondents neither agreed nor disagreed with the statement. Fourteen percent
of applicants and 13% of respondents disagreed or strongly disagreed that the conciliator helped them
think through their options and terms of settlement.

November 2010 FWA Conciliation Research >>Page 39


Figure 24: Conciliator attributes (3)

Helped you to come to a decision


/ assisted settlement discussions Explained the outcome and what
% happens next
without undue influence
100

80

Strongly
60 61 73 Agree
62 73 78
64 Agree
40
Neither

20 Disagree
15 28
15 15 14 23
Strongly
6 8 4 4
3 3
disagree
0
5 5 3 3 2 1 211
9 7 5
20

APPS RESP REPS APPS RESP REPS


40

BASE
All Applicants (n=500)
All Respondents (n=500) QD2. And now, thinking about the role of the conciliator, on a scale of 0 to 10 where 0 Is strongly disagree and 10 is strongly
All Representatives (n=100) agree, how much do you agree that the conciliator

Helped you to come to a decision/ assisted settlement discussions without undue influence
Figure 24 indicates that 79% of applicants, 77% of respondents and 89% of representatives agreed or
strongly agreed that the conciliator helped them to come to a decision/ assisted settlement discussions
without undue influence. Six percent of applicants, 8% of respondents and 3% of representatives
neither agreed nor disagreed with this. Fourteen percent of applicants, 12% of respondents and 8% of
representatives disagreed or strongly disagreed that the conciliator helped them to come to a decision/
assisted settlement discussions without undue influence.

Explained the outcome and what happens next


Figure 24 shows that 88% of applicants, 92% of respondents and 96% of representatives agreed or
strongly agreed that the conciliator explained the outcome and what happens next. Four percent of
applicants, 4% of respondents and 1% of representatives neither agreed nor disagreed with this
statement. Six percent of applicants, 3% of respondents and 3% of representatives disagreed or
strongly disagreed that the conciliator explained the outcome and what happens next.

November 2010 FWA Conciliation Research >>Page 40


Figure 25: Conciliator attributes (4)

% Was/ are even-handed, independent and impartial


100

80
Strongly
Agree
60 72
73 73 Agree

40
Neither

20 Disagree
12 14 20
0 6 4 1 Strongly
2 35 5 disagree
5 2
20
APPS RESP REPS

BASE
[Applicants and Respondents] QD3. And, regardless of the outcome of the conciliation, on a scale of 0 to 10, how much do
All Applicants (n=500) you agree that the conciliator…
All Respondents (n=500)
All Representatives (n=100) [Representatives] QD3. And, on a scale of 0 to 10, how much do you agree that the conciliators…

Are even-handed, independent and impartial


Relating to independence and impartiality, Figure 25 shows that 85% of applicants, 87% of
respondents and 92% of representatives agreed or strongly agreed that the conciliator(s) are/ were
even handed, independent and impartial. Six percent of applicants, 4% of respondents and 1% of
representatives neither agreed nor disagreed that this was the case. Seven percent of applicants, 8%
of respondents and 7% of representatives disagreed or strongly disagreed agreed that the
conciliator(s) are/ were even handed, independent and impartial.

November 2010 FWA Conciliation Research >>Page 41


Figure 26: Conciliator attributes (5)
Listened to the parties Offered (/offer) Was (/are)
and understood the appropriate guidance knowledgeable
% issues and information
100

80
Strongly
Agree
55
68 61 Agree
60
71 64 78
70 69 78
Neither

40
Disagree

Strongly
20
32
29 disagree
26 19
14 17 15 13
13
5 4 5 7 7 4 4
0 3 13 2 5 3 3 2 223 2 2 5
5 4 5 1
5 5

20
APPS RESP REPS APPS RESP REPS APPS RESP REPS

BASE
All Applicants (n=500) [Applicants and Respondents] QD3. And, regardless of the outcome of the conciliation, on a scale of 0 to 10, how much do
All Respondents (n=500) you agree that the conciliator…
All Representatives (n=100) [Representatives] QD3. And, on a scale of 0 to 10, how much do you agree that the conciliators…

Listened to the parties and understood the issues


As can be observed in Figure 26, 84% of applicants, 88% of respondents and 94% of representatives
agreed or strongly agreed that the conciliator listened and understood the issues. Five percent of
applicants, 4% of respondents and 3% of representatives neither agreed nor disagreed with this
statement. Ten percent of applicants, 7% of respondents and 3% of representatives disagreed or
strongly disagreed that the conciliator listened to the parties and understood the issues.

Offered appropriate guidance and information


Figure 26 shows that 84% of applicants, 83% of respondents and 87% of representatives agreed or
strongly agreed that the conciliator offered appropriate guidance and information. Five percent of
applicants, 7% of respondents and 7% of representatives neither agreed nor disagreed with this, while
10% of applicants, 8% of respondents and 5% of representatives disagreed or strongly disagreed
agreed that the conciliator offered appropriate guidance and information.

Was (or are) knowledgeable


Figure 26 shows that 91% of applicants, 91% of respondents and 90% of representatives agreed or
strongly agreed that the conciliator was knowledgeable. Two percent of applicants, 4% of respondents
and 4% of representatives neither agreed nor disagreed, while 5% of applicants, 4% of respondents
and 6% of representatives disagreed or strongly disagreed that this was the case.
November 2010 FWA Conciliation Research >>Page 42
Figure 27: Conciliator attributes (6)
Asked appropriate Spoke in clear and simple Helped (/help) the
% questions terms parties to resolve the
matter
100

80
Strongly
Agree
58 53
60 66 Agree
83 82 86 68
72 66
Neither
40
Disagree

Strongly
20 31 36 disagree
20 15
13 14
11 13 11
4 6 4 3 5 7
0
4 4 6 21 12 21
5 3 3
6 4 1 7 6 5
3
20
APPS RESP REPS APPS RESP REPS APPS RESP REPS

BASE
All Applicants (n=500) [Applicants and Respondents] QD3. And, regardless of the outcome of the conciliation, on a scale of 0 to 10, how much do
All Respondents (n=500) you agree that the conciliator…
All Representatives (n=100) [Representatives] QD3. And, on a scale of 0 to 10, how much do you agree that the conciliators…

Asked appropriate questions


Figure 27 illustrates that 85% of applicants, 86% of respondents and 89% of representatives agreed or
strongly agreed that the conciliator asked appropriate questions. A further 4% of applicants, 6% of
respondents and 4% of representatives neither agreed nor disagreed with this statement. Overall, 10%
of applicants, 8% of respondents and 7% of representatives disagreed or strongly disagreed agreed
that the conciliator asked appropriate questions.

Spoke in clear and simple terms


Figure 27 also indicates that 94% of applicants, 95% of respondents and 97% of representatives
agreed or strongly agreed that the conciliator spoke in clear and simple terms. Three percent of
applicants, 2% of respondents and 2% of representatives neither agreed nor disagreed with this.
Three percent of applicants, 1% of respondents and 1% of representatives disagreed or strongly
disagreed agreed that the conciliator spoke in clear and simple terms.

Helped the parties to resolve the matter


Additionally, Figure 27 shows that 80% of applicants, 83% of respondents and 89% of representatives
agreed or strongly agreed that the conciliator helped the parties to resolve the matter. Five percent of
applicants, 7% of respondents and 3% of representatives neither agreed nor disagreed with this.
Twelve percent of applicants, 9% of respondents and 8% of representatives disagreed or strongly
disagreed agreed that the conciliator helped the parties to resolve the matter.
November 2010 FWA Conciliation Research >>Page 43
Figure 28: Overall satisfaction with conciliators

% Overall satisfaction with Conciliators


100

80

59
60 71 Extremely satisfied
73
Satisfied
40
Neither
Dissatisfied
20 33
13 18 Extremely dissatisfied
0 4 43 3
5 5 5
5
20
APPS RESP REPS

BASE [Applicants & Respondents] QD4. Overall, on a scale of 0 to 10, where 0 represents extremely dissatisfied and 10
All Applicants (n=500) represents extremely satisfied, how satisfied were you with the conciliator for this case?
All Respondents (n=500) [Representatives] QD4. Overall, on a scale of 0 to 10, where 0 represents extremely dissatisfied and 10 represents
extremely satisfied, how satisfied are you on average with the conciliator(s) you have dealt with?
All Representatives (n=100)

Figure 28 illustrates overall satisfaction with the conciliators, demonstrating that 86% of applicants,
89% of respondents and 92% of representatives were satisfied or extremely satisfied with their
conciliator(s). Four percent of applicants, 4% of respondents and 3% of representatives were neither
satisfied nor dissatisfied with their conciliator(s). Ten percent of applicants, 8% of respondents and 5%
of representatives were dissatisfied or extremely dissatisfied with their conciliator(s).

November 2010 FWA Conciliation Research >>Page 44


Figure 29: Time taken between termination and conciliation

Time taken between termination and conciliation

% Not enough About right More than enough

APPS app 10 61 28

RESP res 5 64 28

rep 13 72 15
REPS

60% 40% 20% 0% 20% 40% 60% 80% 100%

BASE
All Applicants (n=500)
All Respondents (n=500)
QD5. Overall, what did you think of the length of time between termination and the matter being conciliated?
All Representatives (n=100)

As depicted in Figure 29, 28% of applicants, 28% of respondents and 15% of representatives felt that
there was more than enough time available between termination and the conciliation occurring. The
majority of applicants (61%), respondents (64%) and representatives (72%) felt that the time taken
between termination and conciliation was about right. Ten percent of applicants, 5% of respondents
and 13% of representatives felt there was not enough time available between termination and
conciliation.

November 2010 FWA Conciliation Research >>Page 45


2.5 Overall service quality measures

Figure 30: Satisfaction with the service provided by Fair Work Australia

% Overall satisfaction with service provided


100

80

60 56 65 Extremely satisfied
68
Satisfied
40
Neither
Dissatisfied
20 26
18 22
Extremely dissatisfied
4 7 5
0
4 5 8
5 5 1
20
APPS RESP REPS

BASE [Applicants and respondents] QE1. Thinking about all your dealings with Fair Work Australia up to the conclusion of
All Applicants (n=500) conciliation and regardless of the outcome of the conciliation, how satisfied were you with the service provided?
All Respondents (n=500) [Representatives] QE1. Thinking about all your dealings with Fair Work Australia involving unfair dismissal claims up to the
All Representatives (n=100) conclusion of conciliation, and regardless of the outcomes you have had, how satisfied are you with the service provided?

Please answer this on a scale of 0 to 10, where 0 represents extremely dissatisfied and 10 extremely satisfied.

As can be seen in Figure 30, regardless of the outcome of their case, 86% of applicants, 82% of
respondents and 87% of representatives were satisfied or extremely satisfied with the service provided
by Fair Work Australia for unfair dismissal applications. Four percent of applicants, 7% of respondents
and 5% of representatives were neither satisfied nor dissatisfied with the service provided and 9% of
applicants, 10% of respondents and 9% of representatives were dissatisfied or extremely dissatisfied
with the service.

November 2010 FWA Conciliation Research >>Page 46


Figure 31: Broad service quality elements

The professionalism The time taken to The cost


of FWA staff, complete the effectiveness and
excluding the process efficiency of the
% conciliators conciliation process
100

80
Extremely
59 satisfied
60 59 56 Satisfied
64 68 73 62
69 46 Neither

40 Dissatisfied
Extremely
dissatisfied
20 25 27 30
21 23 18 20
11 14
4 5 3 6 7 6 5 6 5
0 1 2 3 3 2
2
1
5 5
4 6 4 4 33
5 6
APPS RESP REPS APPS RESP REPS APPS RESP REPS
20

BASE
All Applicants (n=500)
All Respondents (n=500) QE2. And regardless of the outcome(s), how satisfied are you overall with the following aspects of the service you have
All Representatives (n=100) received from FWA…

The professionalism of Fair Work Australia staff, excluding conciliators


Figure 31 indicates that 80% of applicants, 67% of respondents and 87% of representatives were
either satisfied or extremely satisfied with the professionalism of Fair Work Australia staff (excluding
the conciliators). Four percent of applicants, 5% of respondents and 3% of representatives were
neither satisfied nor dissatisfied, and 3% of applicants, 5% of respondents and 1% of representatives
were dissatisfied or extremely dissatisfied with the professional of FWA staff (excluding conciliators).

The time taken to complete the process


Figure 31 shows that 86% of applicants, 84% of respondents and 83% of representatives were
satisfied or extremely satisfied with the time taken to complete the process. Six percent of applicants,
7% of respondents and 6% of representatives were neutral towards this statement with the remaining
8% of applicants, 9% of respondents and 11% of representatives dissatisfied or extremely dissatisfied
with the time taken to complete the process.

November 2010 FWA Conciliation Research >>Page 47


The cost effectiveness and efficiency of the conciliation process
Figure 31 indicates that 87% of applicants, 82% of respondents and 89% of representatives were
satisfied or extremely satisfied in regard to the cost effectiveness and efficiency of the conciliation
process. A further 5% of applicants, 6% of respondents and 5% of representatives were neutral in this
regard, with 6% of applicants, 10% of respondents and 6% of representatives dissatisfied or extremely
dissatisfied with the cost effectiveness and efficiency of the conciliation process.

November 2010 FWA Conciliation Research >>Page 48


Figure 32: Improvements in the conciliation process over the past year (representatives only)

% Improvement since 1 July 2009


100

80
12
60
27 Improved a lot
40 Improved a little
20 36 Stayed about the same
Got a little worse
0
17 Got a lot worse
20 8

40
REPRESENTATIVES
60

BASE – all representatives


who have respresented [Representatives] QE3. And thinking over the course of the past year and the conciliations you have been involved in, would
someone more than once you say that generally the process has…
since 1 July 2009 (n=92)

Examining perceptions of changes in the conciliation process amongst representatives, Figure 32


shows that 39% of representatives felt that the conciliation process has improved a little or a lot in the
past year, and 36% said the process had stayed about the same. Twenty-five percent of
representatives thought the process had got a little or a lot worse since July 1 2009.

November 2010 FWA Conciliation Research >>Page 49


2.6 Outcome

Figure 33: Settlement of conciliation

2% 1%
17%
22%
Yes Yes

No No

Prefer Prefer
not to not to
say say
76%
82%

APPS RESP

BASE
All Applicants (n=500) [Applicants and respondents] QF1. You do not have to tell me this if you do not want to, but was the unfair dismissal claim
All Respondents (n=500) settled at conciliation?

Survey participants were asked to indicate, only if they wished, the outcome of the conciliation they
had been involved in. Figure 33 shows that 76% of applicants and 82% of respondents in the survey
settled their unfair dismissal claim at conciliation. Twenty two percent of applicants and 17% of
respondents did not settle, while 2% of applicants and 1% of respondents declined to answer.

November 2010 FWA Conciliation Research >>Page 50


Figure 34: Influences on settlement (1)
Weak or no Some Medium Had a large
influence Influence influence influence

Applicant 28 15 23 32
Feeling the
Respondent 26 19 18 35 settlement was
reasonable
Representative 18 12 44 24

Applicant 14 7 10 69 Wanting to avoid the


cost, time,
Respondent 19 5 13 63 inconvenience or
stress of further legal
Representative 9 6 22 63 proceedings

Applicant 21 14 21 43
Learning the
strengths /
Respondent 36 17 21 23
weaknesses of my
case
Representative 16 12 32 39
%
BASE: All applicants and
respondents who settled
and all representatives.
[Applicants and Respondents] QF2. How much did any of the following influence your decision to settle?
Applicants (n=378) [Representatives] QF1. How much do you feel the following influenced decisions to settle at conciliation?
Respondents (n=408) Please answer this on a scale of 0 to 10, where 0 means it had no influence at all on your decision and 10 indicates that it
All Representatives (n=100) had a large influence...

Feeling the settlement was reasonable


Figure 34 shows that 55% of applicants, 53% of respondents and 68% of representatives reported that
them feeling the settlement was reasonable had a medium or large influence on the decision to settle
at conciliation. Fifteen percent of applicants, 19% of respondents and 12% of representatives felt that
this had some influence on the decision to settle. Twenty-eight percent of applicants, 26% of
respondents and 18% of representatives considered that this factor had a weak or no influence at all
on the decision to settle at conciliation.

Wanting to avoid the cost, time, inconvenience or stress of further legal proceedings
Figure 34 also indicates that 79% of applicants, 76% of respondents and 85% of representatives felt
that wanting to avoid the cost, time, inconvenience or stress of further legal proceedings had a
medium or large influence on the decision to settle. A further 7% of applicants, 5% of respondents and
6% of representatives felt that this had some influence on the decision, while 14% of applicants, 19%
of respondents and 9% of representatives felt that this factor had a weak or no influence at all on the
decision to settle at conciliation.

November 2010 FWA Conciliation Research >>Page 51


Learning the strengths / weaknesses of my case
As indicated in Figure 34, 64% of applicants, 44% of respondents and 71% of representatives
considered that learning the strengths / weaknesses of the case had a medium or large influence on
the decision to settle. Fourteen percent of applicants, 17% of respondents and 12% of representatives
felt that this had some influence. Overall, 21% of applicants, 36% of respondents and 16% of
representatives reported that this factor had a weak or no influence on the decision to settle at
conciliation.

November 2010 FWA Conciliation Research >>Page 52


Figure 35: Influence on settlement (2)

Weak or no Some Medium Had a large


influence Influence influence influence

Applicant 14 6 12 66
Just wanting to get it
Respondent 29 12 10 48 all over with

Representative 12 11 27 49

Applicant 43 15 11 31
Feeling my case
would not stand up
Respondent 75 9 7 7
if it went further
Representative 21 9 25 41
%

BASE: All applicants and


respondents who settled
and all representatives.
[Applicants and Respondents] QF2. How much did any of the following influence your decision to settle?
Applicants (n=378) [Representatives] QF1. How much do you feel the following influenced decisions to settle at conciliation?
Respondents (n=408) Please answer this on a scale of 0 to 10, where 0 means it had no influence at all on your decision and 10 indicates that it
All Representatives (n=100) had a large influence...

Just wanting to get it all over with


Figure 35 indicates that 78% of applicants, 58% of respondents and 76% of representatives felt that
‘just wanting to get it all over with’ had a medium or large influence on the decision to settle at
conciliation. An additional 6% of applicants, 12% of respondents and 11% of representatives felt that
this factor had some influence on the decision to settle. Fourteen percent of applicants, 29% of
respondents and 12% of representatives felt this had a weak or no influence on the decision to settle
at conciliation.

Feeling my case would not stand up if it went any further


Figure 35 also shows that 42% of applicants, 14% of respondents and 66% of representatives
reported that a feeling that their case would not stand up if it went any further had a medium or high
influence on the decision to settle. Fifteen percent of applicants, 9% of respondents and 9% of
representatives felt this had some influence on the decision. Forty-three percent of applicants, 75% of
respondents and 21% of representatives felt that this factor had a weak or no influence at all on the
decision to settle at conciliation.

November 2010 FWA Conciliation Research >>Page 53


Figure 36: Influence on settlement (3)

Weak or no Some Medium Had a large


influence Influence influence influence

Applicant 18 9 20 52 Being advised to


settle by my
Respondent 23 14 17 42 representative
%

BASE: All applicants and


respondents who were
represented in conciliation, [Applicants and Respondents] QF2. How much did any of the following influence your decision to settle?
and who settled.
Applicants (n=153) Please answer this on a scale of 0 to 10, where 0 means it had no influence at all on your decision and 10 indicates that it
Respondents (n=118) had a large influence...

Being advised to settle by my representative


Examining settlement amongst those applicants and respondents who were represented, Figure 36
indicates that 72% of applicants and 59% of respondents felt that being advised to settle by their
representative had a medium or large influence on the decision. A further 9% of applicants and 14% of
respondents felt that this had some influence on them, while 18% of applicants and 23% of
respondents felt that this factor had a weak or no influence at all on the decision to settle at
conciliation.

November 2010 FWA Conciliation Research >>Page 54


Figure 37: Overall satisfaction with the outcome reached

Overall satisfaction with the outcome reached


%
100

80
32
60
37 43 Extremely satisfied
40 Satisfied
47
21 21 Neither
20
Dissatisfied
13 11 6
0 Extremely dissatisfied
9 9 8
6
20 18 15

40
APPS RESP REPS

BASE [Applicants & Respondents] QF3. Thinking of the outcome reached in conciliation, how satisfied were you with this on a
All Applicants (n=500) scale of 0 to 10?
All Respondents (n=500) [Representatives] QF2. Thinking broadly across the conciliations you have been involved in, how satisfied are you with the
outcomes of them on a scale of 0 to 10, where 0 means extremely dissatisfied and 10 means extremely satisfied?
All Representatives (n=100)

Figure 37 indicates that 58% of applicants, 64% of respondents and 79% of representatives were
satisfied or extremely satisfied with the outcome reached in conciliation. Thirteen percent of
applicants, 11% of respondents and 6% of representatives were neither satisfied nor dissatisfied with
the outcome, while 27% of applicants, 24% of respondents and 14% of representatives were
dissatisfied or extremely dissatisfied with the outcome reached in conciliation.

November 2010 FWA Conciliation Research >>Page 55


2.7 Expectations

Figure 38: Expectations of the conciliation process

Exceeds Meets Below


expectations expectations expectations

APPS 31 50 17

RESP 18 63 18

REPS 24 73 3

BASE
All Applicants (n=500)
All Respondents (n=500) [Applicants & Respondents] QG1. Overall, would you say that the conciliation process...
[Representatives] QG1. Would you say that the conciliation process generally...
All Representatives (n=100)

As can be seen in Figure 38, 17% of applicants, 18% of respondents and 2% of representatives felt
that the conciliation process exceeded their expectations. A further 50% of applicants, 63% of
respondents and 73% of representatives felt that the conciliation process met their expectations.
Overall, 31% of applicants, 18% of respondents and 24% of representatives indicated that the
conciliation process fell below their expectations.

November 2010 FWA Conciliation Research >>Page 56


Figure 39: Expectations before conciliation

Applicants
APPS 19 38 36 6

Respondents
RESP 12 31 44 14

Representatives
REPS 4 27 59 10

I knew exactly what the conciliation would involve


% I had a good idea of what it would involve
I had some idea of what it would involve, but was unsure about some aspects
I was very unsure about what the conciliation would involve

BASE [Applicants & Respondents] QG2. Thinking back to before the conciliation took place, I want to ask you about what
expectations you had of it before you took part... Which of these best applies to how you felt at that time?
All Applicants (n=500) [Representatives] QG2. I’d like you to think back to when the new unfair dismissal conciliation process came into effect from
All Respondents (n=500) 1st July 2009, and the expectations you had of what it would involve... Which of these best applies to how you felt at that
All Representatives (n=100) time?

Figure 39 indicates that 42% of applicants, 58% of respondents and 69% of representatives knew
exactly or had a good idea of what the conciliation would involve (for applicants and respondents
before they took part in their conciliation, or for representatives when the new unfair dismissal process
st
came into effect from 1 July 2009). Thirty-eight percent of applicants, 31% of respondents and 27%
of representatives had some idea of what the conciliation process would involve, but were unsure
about some aspects. Nineteen percent of applicants, 12% of respondents and 4% of representatives
were very unsure about what the conciliation would involve.

November 2010 FWA Conciliation Research >>Page 57


Figure 40: What participants were unsure about

52
What steps were involved in a conciliation 61
39
24
How it would be conducted (phone / face to face) 16
77
14
What information I needed to provide / prepare 11
16
14
Who would be involved 9
26
13
How formal or informal it would be 9
16
12
How long it would take 10
23
9
What the role of the conciliator was 13 Applicants
29
10 Respondents
Outcome/likely outcome 8

8 Representatives
Where I could go to get advice about my claim 8

7
Whether I could have representation 7
5
First time/no knowledge of process 8

8
Other 10
10
5
Don't know 3

BASE: All participants who


were unsure about some
0% 20% 40% 60% 80% 100%
aspect of conciliation.
Applicants (n=289)
Respondents (n=211) QG3. What in particular were you unsure about? [Note: The base size for representatives is very small and responses
Representatives (n=31) should be interpreted with caution.]

Figure 40 lists which aspects in particular participants were unsure about in regards to the conciliation
process beforehand, with a diverse range of survey responses provided. The more common elements
mentioned included:
 ‘What steps were involved in conciliation’ (52% of applicants, 61% of respondents and 39% of
representatives who were unsure about the process beforehand mentioning this)
 ‘How the conciliation would be conducted’ (24% of applicants; 16% of respondents; 77% of
representatives)
 ‘What information they needed to provide or prepare’ (14% of applicants; 11% of respondents;
16% of representatives)
 ‘Who would be involved’ (14% of applicants; 9% of respondents; 26% of representatives)
 ‘How formal/ informal it would be’ (13% of applicants; 9% of respondents; 16% of representatives)
 ‘How long it would take’ (12% of applicants; 10% of respondents; 23% of representatives)
 ‘What the role of the conciliator was’ (9% of applicants; 13% of respondents; 29% of
representatives).

November 2010 FWA Conciliation Research >>Page 58


Figure 41: Expectations of applicants and respondents – agreement with statements

I saw it as a chance to I expected the case I thought it I thought it would help


present my side of the to be resolved at would help me finalise the matter quickly
story and hear the conciliation ‘draw a line in and easily without the
other side’s story the sand’ and need for a formal tribunal
% move on hearing
100

80
Strongly
Agree
60 59 67
51 59 Agree
65 63
Neither
40
Disagree

20 20 18 20 Strongly
15 15 17 disagree

8 11 11 12 8 9
0 3 4 3
5 6 5
7 5 3
6 7
11
20 APPS RESP APPS RESP APPS RESP

BASE
All Applicants (n=500)
All Respondents (n=500) [Applicants and respondents] QG4. Here are some things some other people have said about conciliation and what they
All Representatives (n=100) expected to get out of it. How much do you agree with them, on a scale of 0 to 10?

I saw it as a chance to present my side of the story and hear the other side’s story
Figure 41 indicates that 80% of applicants and 71% of respondents agreed or strongly agreed that
they saw the conciliation as a chance to present their side of the story and hear the other side’s story.
Eight percent of applicants and 11% of respondents neither agreed nor disagreed with this statement.
Eleven percent of applicants and 17% of respondents disagreed or strongly disagreed that they saw
the conciliation as a chance to present their side of the story and hear the other side’s story.

I expected the case to be resolved at conciliation


Figure 41 indicates that 77% of applicants and 79% of respondents agreed or strongly agreed that
they expected the case to be resolved at conciliation. Eleven percent of applicants and 12% of
respondents neither agreed nor disagreed with this. Ten percent of applicants and 9% of respondents
disagreed or strongly disagreed that that they expected the case to be resolved at conciliation.

November 2010 FWA Conciliation Research >>Page 59


I thought it would help me ‘draw a line in the sand’ and move on
Figure 41 also shows that 78% of applicants agreed or strongly agreed that they expected that the
conciliation would help them ‘draw a line in the sand’ and move on. Eight percent of applicants neither
agreed nor disagreed with this, while a further 12% disagreed or strongly disagreed that they expected
the conciliation would help them ‘draw a line in the sand’ and move on.

I thought it would help finalise the matter quickly and easily without the need for a tribunal hearing
As can be seen in Figure 41, 84% of respondents agreed or strongly agreed that they expected the
conciliation would help finalise the matter quickly and easily without the need for a tribunal hearing.
Nine percent neither agreed nor disagreed with this statement, while a further 6% disagreed or
strongly disagreed that they expected the conciliation would help finalise the matter quickly and easily
without the need for a tribunal hearing.

November 2010 FWA Conciliation Research >>Page 60

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