Fair Work Ombudsman

Office holders

The agency is headed by the Fair Work Ombudsman who is appointed by the relevant Minister under the Fair Work Act 2009 for a term up to 5 years. There have been four statutory appointments to that office since the FWO's inception:

Operational activities

The functions of the Fair Work Ombudsman are set out in section 682 of the Fair Work Act 2009. The Office of the Fair Work Ombudsman achieves its functions by:

• providing education, assistance, advice and guidance to employers, employees, outworkers, outworker entities and organisations
• promoting and monitoring compliance with workplace laws
• inquiring into and investigating breaches of the Fair Work Act
• taking appropriate enforcement action
• performing its statutory functions efficiently, effectively, economically and ethically.

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 who are all focused on serving the needs of everyone covered by the Australian workplace system. The Fair Work Ombudsman have offices in all capital cities and 14 regional locations across Australia.

Functions

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

Education and 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.

The FWO’s website offers a variety of information for employees and employers on Australian workplace laws, including:

• Pay and wages
• Leave
• Starting and ending employment
• Employment conditions
• Workplace problems.

The FWO’s website also has tools and resources such as:

• Pay Calculators that help people to work out entitlements under Australian workplace laws
• resources specifically designed to help small business including a Small Business Showcase, and
• information and resources on specific industries and topics.

The FWO publishes regular content through its subscription services and across its communication channels including YouTube, Facebook, Instagram, LinkedIn and X to help inform the community about workplace rights and obligations. The FWO also publishes information on its compliance activities and enforcement outcomes through media releases.

Audits & Campaigns

The Fair Work Ombudsman conducts targeted campaigns and audits. Through targeted campaigns, the Ombudsman aims to inform employers in a specific industry of their obligations, and ensure that they understand and comply with Commonwealth workplace laws. Campaigns can be national, state-based or regional.

An audit is where Fair Work Inspectors check an employer's records to make sure they comply with Commonwealth workplace laws. Sometimes, FWO undertakes an audit or a series of audits in response to a complaint or information given by an industry association, a government minister, the media or another source.

Complaints

Those in the national workplace relations system can ask FWO for help with a workplace problem. This usually relates to pay and other conditions of employment such as leave, notice and hours of work. In accordance with its Compliance and Enforcement Policy, the FWO will make a decision about the best course of action to resolve the dispute. The FWO will consider the kinds of issues raised, its priority areas and its Compliance and Enforcement Policy.

Next steps

The Office of the Fair Work Ombudsman will make a decision about the best course of action to resolve the complaint. FWO might decide:

• that the matter is outside of their jurisdiction and refer you somewhere else
• that there has not been a breach of Commonwealth workplace laws
• that mediation is the best way to resolve the issues
• to conduct a formal investigation
• to conduct an audit.

If the FWO decides to commence an investigation, it will look at employment records and documents to find out the facts of a workplace complaint and to decide if relevant parties have complied with Commonwealth workplace laws.

Compliance and enforcement

The Fair Work Ombudsman can inquire into and investigate breaches of the Fair Work Act. The FWO has a range of processes and enforcement options for contraventions which include:

• Workplace investigations
• Compliance notices
• Infringement notices
• Compliance Partnerships
• Enforceable undertakings
• Litigation.

References

References

1. (March 2023). "CA 9305: Fair Work Ombudsman". National Archives of Australia.
2. {{Cite Legislation AU. Cth. act. fwa2009144. Fair Work Act 2009. 687
3. (24 June 2009). "Senior appointments to Fair Work". Commonwealth of Australia.
4. (12 July 2013). "Fair Work Appointments". Commonwealth of Australia.
5. (11 September 2018). "Former Fair Work Ombudsman Natalie James becomes Deloitte partner". [[Australian Financial Review]].
6. "Inquiry into the Victorian On-Demand Workforce". [[Victorian Government]].
7. (22 June 2022). "Announcement Of New Department Secretaries". Commonwealth of Australia.
8. (22 June 2018). "Appointment of Fair Work Ombudsman". Commonwealth of Australia.
9. (2 April 2023). "Workplace watchdog steps down after navigating ‘perfect storm’". Nine Entertainment Co.
10. (7 July 2023). "New Fair Work Ombudsman". Commonwealth of Australia.
11. "Our role and purpose". Commonwealth of Australia.
12. "Offices - Fair Work Ombudsman".
13. "Compliance and enforcement".
14. "P.A.C.T Home -".
15. Fair Work Ombudsman. "Audits and campaigns".
16. (30 September 2024). "Compliance and enforcement policy".
17. "V".