1. On receipt of the claim:
   
   If you have been notified by the Fair Work Commission (“Commission”) of a claim against the business, the Victorian Chamber recommends the following:
   
   
   • If you are unsure on what you need to do, seek advice from our consulting team as early as possible;
   • Ensure you follow directions provided by the Commission, including meeting deadlines for filing response forms, witness statements and submissions;
   • If preparing your own response, use the form provided by the Commission and write factual responses to the employee’s arguments;
   • If you require an interpreter, ensure you notify the Commission ahead of the conciliation, conference or hearing;
   • If you believe the claim does not fall within the Commission’s jurisdiction, lodge a jurisdictional objection as part of your response as soon as possible; and
   • Consider the compensation requested by the applicant and start preparing your negotiation strategy (including the overall strengths and weaknesses of your defence).
2. On the day of the Conciliation, Conference or Hearing:
   
   
   • Check the location and method the claim will be heard. Double check time-zones to ensure you have the correct time;
   • Preparation is key. Ensure you have prepared all relevant documentation, including witness statements, for all matters to be heard by the Commission;
   • If appearing in person, have multiple hard copies of any documents you wish to speak to (for the other party and for the Commission member);
   • If you are unsure how to address the Commission member (and the other party’s representative), ask the Commission member’s Associate prior to or on the morning of the conciliation, conference or hearing;
   • Follow all directions provided to you by the Commission. Be respectful to the Commission and the other party, and speak when directed to do so; and
   • Remember, each case turns on its own facts. Approach each case with a fresh and objective viewpoint.
3. Expect the unexpected:

When a claim is referred to the Commission, it can become complex and costly to manage. Consider the facts of the following case study recently published by the Victorian Chamber. The learnings from complex cases demonstrate that on receipt of a claim, businesses should ensure action is taken in a timely manner including carefully crafting response submissions. As early as possible, businesses should undertake a practical assessment of the merits and ensure a clear understanding of the case, and the prospects, in order to make the most of any early settlement opportunities.

The Victorian Chamber has the automatic right to represent members without needing to seek permission to appear at the Commission. This is due to its status as a Registered Organisation. This is not the case for lawyers and other paid agents, who must seek permission from the Commission to represent a party. Our experienced consultants have a wealth of experience representing members at all stages of unfair dismissal claims. They understand the process and can easily navigate the formalities of the Commission from filing the response, through to representing your business during a conciliation, conference or hearing. If you have received a claim and need some guidance, call the Workplace Relations Advice Line on 8662 5222.

[2020] FWC 3613