What exactly is the role of the Fair Work Ombudsman?
The Fair Work Ombudsman is established as an office under the Fair Work Act 2009 (Cth). Its responsibilities are to:
- provide education, assistance, advice and guidance to employers, employees, outworkers, outworker entities and organisations;
- promote and monitor compliance with workplace laws;
- inquire into and investigate breaches of the Fair Work Act 2009 (Cth);
- take appropriate enforcement action; and
- perform its statutory functions efficiently, effectively, economically and ethically.
The Fair Work Ombudsman is also committed to providing education and advice to both employers and employees. In recent times it has been instrumental in making information including fact sheets and other helpful tools readily available to assist Australian businesses with getting up to speed on the extensive recent changes to workplace laws, including the Closing Loopholes reforms to the Fair Work Act 2009 (Cth).
The Fair Work Ombudsman does have a dual role, as both educator and regulator. As such, it will also undertake investigations into potential non-compliance with workplace laws. Many workplace investigations (into a specific workplace or employer) commence as a result of a request for assistance or enquiry by an employee in relation to their workplace terms and conditions. However, the Fair Work Ombudsman may also initiate a proactive investigation (typically into a specific geographic area, industry or workplace which engages employees who may be characterised as vulnerable workers) or undertake inquiries to confirm that a workplace is compliant.
The Fair Work Ombudsman’s current priorities are working with and ensuring compliance in the following sectors:
- aged care services;
- agriculture;
- building and construction;
- disability support services;
- fast food, restaurants and cafés;
- large corporates; and
- universities.
The Fair Work Ombudsman will focus on matters that:
- are of significant public interest;
- demonstrate a blatant disregard for the law by an employer;
- are of significant scale or impact on workers or the community; or
- can provide guidance on the application of the law.
If you need assistance in reviewing your workplace compliance, contact HWL Ebsworth Lawyers.
This article was written by Chris Morey, Special Counsel and reviewed by Clare Raimondo, Partner.
