Conflicts and disputes can occur in any business, including over working conditions or pay. It’s important to have clear dispute resolution processes in place.

If the employer is a national system employer and the dispute is related to employment contracts, the National Employment Standards or workplace agreements, the federal industrial laws provide a model dispute resolution procedure in the Regulations.

You don’t need to reinvent the wheel when workplace conflict arises. All modern awards, including the Pastoral Award 2020, set out a standard dispute resolution process:

1. Resolve within the workplace first. The employee should raise the matter with their direct supervisor while continuing normal duties.
2. Escalate if needed. If unresolved, the issue should be taken to more senior management.
3. Engage an independent party. If the conflict persists, an independent person may be appointed to assist. Their initial role is to help both parties reach agreement, which resolves many disputes at this stage.
4. Role of the mediator. The mediator must remain neutral. They do not make proposals or give advice, but instead help the parties communicate and work toward a mutually acceptable solution.
5. Referral to the Commission. If resolution is still not achieved, either party (or both together) may refer the matter to the Fair Work Commission or another independent body for determination.

Under the model dispute resolution procedure, employees are expected to continue working and follow reasonable directions while the dispute is addressed, unless health and safety concerns make this unreasonable and no alternative work is available.