Fair Work Ombudsman Complaints for Employers
Early consultation with a knowledgeable employment law firm such as Peters Bosel Lawyers can remove a lot of the uncertainty around compliance with workplace laws and the FWO complaints process.
Fair Work Ombudsman Complaints for Employers
Early consultation with a knowledgeable employment law firm such as Peters Bosel Lawyers can remove a lot of the uncertainty around compliance with workplace laws and the FWO complaints process.
Employment Law Solutions for Employers
What You Need to Know About Complaints to the Fair Work Ombudsman
The establishment of the Office of the Fair Work Ombudsman (FWO) with the introduction of the Fair Work Act 2009 (Cth) brought with it substantial functions and powers, in particular in regards to how the FWO responds to employee complaints about employers in the Federal system.
The FWO has the power to audit employers, direct them to produce employee records (such as payslips), issue infringement notices and prosecute employers in court when it believes there has been a breach of the Fair Work Act, Regulations and/or industrial instruments. The FWO can act on anonymous tip-offs, employee complaints or randomly audit businesses.
In recent years, there have been many high profile examples of where employee complaints, followed by a subsequent audit, have led to FWO action against employers for underpayment of wages and entitlements, such as the 7-Eleven case.
For an employer, dealing with the consequences of an employee complaint to the FWO can be a stressful and anxious time. Early consultation with a knowledgeable employment law firm such as Peters Bosel Lawyers removes the uncertainty around compliance with workplace laws, the FWO complaints process and the provision of advice around how to respond to requests for information from the Fair Work Ombudsman.
Accessorial Liability
In more recent years, the Fair Work Ombudsman has been utilising the accessorial liability provisions of the Fair Work Act to prosecute individuals in capacities as director, HR managers and most recently an accountant for breaches of workplace laws. The focus of the Fair Work Ombudsman continues to be on ensuring accountability for breaches of workplace laws. It is not uncommon for the Fair Work Ombudsman to pursue both the employing entity and individuals, where it considers that there is sufficient evidence to support the individual’s involvement in the contraventions.
If in breach, what can the FWO do?
Where the FWO considers there has been a breach of the Act, regulations or industrial agreements, it can take enforcement action against an employer (and individuals under the accessorial liability provisions) including issuing infringement notices, requiring the employer to enter into an enforceable undertaking or litigating the matter and ultimately seeking the imposition of a Court ordered penalty, which is in addition to repaying the underpayment.
What is an enforceable undertaking?
If the FWO finds in favour of a complainant, it can insist on an enforceable undertaking with the employer. This consists of a written deed executed between the employer and the FWO containing:
- an admission of contraventions;
- an agreement by the employer to perform specific actions to remedy the contraventions, e.g. creating a payment plan to rectify underpayments, making an apology, printing a public notice; and usually, a commitment to certain future compliance measures, e.g. regular internal audits, training for managers and staff, implementing compliance measures, future reporting to the Fair Work Ombudsman.
If your business is the subject of a complaint to the FWO, which could lead to investigation, enforceable undertakings or at worst, litigation, seeking expert guidance from experienced employment lawyers such as Peters Bosel Lawyers is vital to ensure your business is protected.
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Peters Bosel Lawyers can remove a lot of the uncertainty around compliance with workplace laws and the FWO complaints process.