Fair Work Ombudsman
Encyclopedia
The Fair Work Ombudsman is the central point of contact for free advice and information on the Australian national workplace relations system. The Fair Work Ombudsman also investigates workplace complaints and enforces compliance with national workplace laws.

The Fair Work Ombudsman does this by:
  • Providing information, education and advice on Commonwealth
    Commonwealth
    Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...

     workplace laws
  • Investigating complaints or suspected contraventions of workplace laws
  • Taking court action to enforce workplace laws.


The Fair Work Ombudsman is an independent statutory agency created by the Fair Work Act 2009 along with Fair Work Australia
Fair Work Australia
Fair Work Australia is the Australian industrial relations institution created by the Federal ALP Government's Fair Work Act 2009.. It commenced operation on 1 July 2009.-Functions:...

 – the national workplace relations tribunal.

The Office of the Fair Work Ombudsman

The Office of the Fair Work Ombudsman consists of the Fair Work Ombudsman, supporting staff and Fair Work Inspectors.

Fair Work Inspectors provide advice, and investigate and resolve complaints and potential breaches of workplace law.

The Fair Work Ombudsman has offices located in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...

, Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...

, Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...

, Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...

, Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...

, Darwin
Darwin, Northern Territory
Darwin is the capital city of the Northern Territory, Australia. Situated on the Timor Sea, Darwin has a population of 127,500, making it by far the largest and most populated city in the sparsely populated Northern Territory, but the least populous of all Australia's capital cities...

, Perth
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....

and many regional locations. The Fair Work Ombudsman also has state partner offices in Queensland, South Australia and New South Wales that deliver Fair Work Ombudsman services.

Functions

The functions of the Fair Work Ombudsman, as set out in the Fair Work Act 2009, include:

Education & advice

The Fair Work Ombudsman offers employers and employees free information and advice on pay, conditions, and workplace rights and obligations under the national workplace relations system. Information and guidance material in the form of fact sheets, templates and Best Practice Guides, is provided on the Fair Work Ombudsman’s websitehttp://www.fairwork.gov.au.

The Fair Work Ombudsman also operates the Fair Work Infoline for workplace relations queries on 13 13 94. The Infoline is open Monday to Friday from 8.00 am – 6 pm (business hours in Australia) across all Australian states.

Audits & Campaigns

The Fair Work Ombudsman conducts targeted campaigns and audits. Targeted campaigns aim to inform employers in a specific industry of their obligations, and ensure that they understand and comply with Commonwealth workplace laws.

Complaints

Those in the national workplace relations system can make a complaint to the Fair Work Ombudsman regarding discrimination in the workplace, or infringements relating to wages, conditions and other workplace rights.

Investigations

Fair Work Inspectors generally start an investigation once a complaint has been made. If a contravention is identified then the severity of the complaint, the degree of cupability and the history of complaints against the alleged wrongdoer, the level of public concern, and the impact of the alleged contravention determines the course of action taken by the Fair Work Ombudsman. These actions can range from issuing a letter of caution to initiating proceedings on behalf of the complainant in the Fair Work Division of the Federal Court or Federal Magistrates Court where a civil penalty may be sought against the alleged wrongdoer. In most circumstances an outcome of voluntary compliance is achieved which involves the alleged wrongdoer rectifying any contraventions that have occurred (e.g. providing back payment of unpaid wages and entitlements).

External links

Fair Work Online http://www.fairwork.gov.au
Fair Work Australia http://www.fwa.gov.au
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