Fair Work Ombudsman Investigations

What do I do if the Fair Work Ombudsman visits?

Is the Fair Work ombudsman likely to visit my business?

What powers does the Fair Work Ombudsman have?

What should I do if the Fair Work Ombudsman commences an investigation?

The Fair Work Ombudsman is an independent statutory Australian Government agency that serves as the central point of contact for free advice and information on the Australian national workplace relations system.

The Office of the Fair Work Ombudsman also investigates workplace complaints and enforces compliance with national workplace laws.

The Office of the Fair Work Ombudsman regularly targets industries, (e.g. retail), geographical areas, (e.g. suburb) or employment topics, (e.g. employment of migrant employees).  The Office of the Fair Work Ombudsman is very vigilant in seeking to ensure employees are entitled to Award minimum conditions and rates of pay and that there is no exploitation.

The Office of Fair Work Ombudsman’s investigations are generally related to rates of pay.  The Ombudsman’s role is to determine whether there is a case to answer in relation to the correct payment of Award rates of pay, has an underpayment occurred and whether the underpayment has been due to error or was intentional.

Recently, the Office of the Fair Work Ombudsman has increased the number of prosecutions in Court which result in the employer being ordered to back pay all underpayments and the employer being fined substantially for breaches of the Award and or Fair Work Act.  It is usual for the fines to be greater than the underpayments.

Craven and Associates recommend employers to have an independent audit performed to ascertain whether mistakes or underpayments have occurred due to time keeping errors, making decisions on outdated information, (e.g. old Award rates of pay), or a misunderstanding of the law.

Craven and Associates will audit and prepare all information sought by the Ombudsman in a format which ensures the Ombudsman has the full facts which are easily understood.  It is critical to ensure the information provided is clear and accurate.  Having an independent third party review the Ombudsman’s requests thoroughly, do the analysis, and prepare the documentation for review, will place the company in good stead and demonstrate the company is acting in good faith.

Co-operation with the Office of the Fair Work Ombudsman is very important and assists in the smooth resolution of their investigation.