Conciliation involves parties in dispute coming to an agreement.
The primary role of the Workers’ Compensation Conciliation Service is to resolve workers’ compensation disputes by agreement with the assistance of an independent and impartial Conciliation Officer.
Each party is given the opportunity to present their position and support it with evidence and other information. This may occur quickly and informally over the phone, but is usually done in a conciliation conference conducted in private.
Most disputes are resolved at conciliation and parties are encouraged to resolve the dispute, independently of the Conciliation Service, at any stage of the process.To start conciliation –
For more information on the Conciliation Service and how to lodge an application for conciliation, see the Guide to the Workers’ Compensation Conciliation Service.
If the dispute is not resolved at the completion of conciliation, an application for arbitration may be made.
See the full conciliation and arbitration Process Chart.
Conciliation officers assist those in dispute reach an agreement acceptable to all parties. They do so by acting fairly, economically, informally, quickly and according to the substantial merits of the case.
- are independent, impartial and focus solely on resolving disputes via conciliation
- are trained and experienced in dispute resolution techniques
- are flexible and assist in defining the dispute, noting the most important concerns and agreed facts
- have statutory authority to make limited directions for the payment, suspension or reduction of compensation entitlements, in appropriate situations
- cannot advise how parties should put their case or negotiate, but can highlight the risks or limitations involved and offer best and worst case scenarios
- may express opinions about the probable outcome of the application if it were to be determined by an arbitrator. These opinions are not binding but may serve as a useful guide in the resolution of issues.
Lodging an application for conciliation
Applications for conciliation are lodged online. In order to do so, you will need to be registered with WorkCover WA Online.
Once you have registered and verified your WorkCover WA Online account, complete and submit the online application, attaching any documents that support your case.
As indicated previously, if you are an unrepresented worker or an uninsured employer, you can choose not to lodge your application online and lodge an Application for Conciliation (Form 100) instead. In certain limited circumstances, such as a system outage, the Director may authorise an Application for Conciliation (Form 100) being submitted by all applicants or their representatives where applicable.
If required, a printable version of the Application for Conciliation (Form 100) is available to download from the Conciliation rules and forms page. You can lodge your application:
- in person at WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008
- by post to Workers’ Compensation Conciliation Service, WorkCover WA, 2 Bedbrook Place, Shenton Park, WA, 6008
- by email – email@example.com
If you need assistance completing an application for conciliation, contact Advice and Assistance on 1300 794 744.
Documents related to conciliation applications should be uploaded using the online system. If you are an unrepresented worker or an uninsured employer and you have chosen not to use the online system the approved email address for lodging documents relating to a current Conciliation matter is firstname.lastname@example.org.
Conditions of lodgement by email
There are a number of conditions to consider when lodging documents by email. Documents not complying with the conditions may be returned to the sender and considered to have not been lodged.
- An email which includes documents lodged under this rule must:
- state the sender’s name; and
- state a telephone number through which the sender can be contacted; and
- list and describe the documents being lodged by email.
- The subject line must include the conciliation case reference number unless the document lodged is a new Application for Conciliation (Form 100).
- Any documents lodged must relate to a current or proposed (in the case of an Application for Conciliation) matter before the Conciliation Service.
- Documents relating to disputes before the Arbitration Service, memoranda of agreement, section 92(f) deeds and common law, cannot be lodged via email.
- Documents submitted by email must be in pdf, tif, jpeg or png format and be less than 25MB.
Documents are to be submitted at least 3 days prior to a scheduled conciliation conference or within any other time limit which the conciliation officer directs.
In accordance with Rule 7(2) of the Workers’ Compensation and Injury Management Conciliation Rules 2011, documents lodged in connection with a dispute will be made available to the other parties to the dispute.
Lodging Memoranda of Agreement by Email