Fair Work Ombudsman Investigations

Hair&Beauty HRS assist our clients with any complaints made against or by them, and any investigations conducted by the Fair Work Ombudsman (FWO).

 

If an employer breaches the Fair Work Act, the breach may be rectified in a number of ways. The FWO is a statutory office created by the Fair Work Act 2009 (Cth). Its role is to promote harmonious, productive and cooperative workplace relations. The office investigates workplace complaints and enforces compliance with Australia's workplace laws.

 

Fair Work inspectors have the discretion to make determinations about the process or outcome of an investigation. There are a number of possible outcomes or enforcement actions:

• Employer rectifies the contraventions.

• Contravention letter — this identifies the problems and asks the party to fix them within 14 days. Where a contravention cannot be fixed, the contravention letter will contain information on what happens next.

• Alternative dispute resolution — this is achieved through methods such as mediation.

• Referral to small claims — this gives an employee the chance to take their own action to recover any unpaid wages and/or entitlements.

• Compliance notice — this details the problems and what the party needs to do to fix them (eg the amount needed to be paid to the employee) within 14 days. It also explains that the party can get a court to review the notice if the grounds for review are met.

• Letter of caution — this is a formal warning issued to an alleged breach by the employer where the FW inspector has determined that there is sufficient evidence for the FWO to start litigation but it is not in the public interest to do so.

• Penalty infringement notice — this is similar to an on-the-spot fine. It can be issued to a party who does not comply with the Fair Work Act in relation to record keeping and pay slips.

• Injunction — this is granted by a court to prevent, stop or remedy the effects of a contravention.

• Enforceable undertaking — this is a written deed executed between the employer who is in breach and the FWO, and which contains an admission of the contraventions, agreement to perform specific actions to remedy the contraventions and a commitment to certain future compliance measures.

• Litigation — the FWO may begin legal action against the employer (or the party the complaint is about) under the Fair Work Act. In addition to seeking any underpayment owed to the employee, the FWO will usually seek penalties to be paid by the defendant (the party who the complaint is about).