Section 374 of the Fair Work Act 2009 (Cth) mandates that conferences conducted by the Fair Work Commission (FWC) for disputes concerning general protection provisions, alleged unfair dismissals, and alleged unlawful terminations must be held in private unless otherwise ordered by the dispute resolution member.
The FWC has the discretion to direct parties involved in an application to attend a conference at a specified time and place, which is also to be conducted in private unless otherwise directed.
The FWC is not bound by the rules of evidence and procedure and may inform itself in any manner it considers appropriate, including conducting private conferences. The FWC’s role in such disputes is to facilitate resolution through conciliation or mediation, and if necessary, arbitration, provided the parties agree to it within the stipulated timeframe.
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