The Fair Work Commission and us - what's the difference?
In some situations, we investigate possible breaches of workplace laws.
if the law hasn't been followed, what needs to be done to fix it.
Most requests for assistance we receive from people who have a workplace dispute are resolved through our voluntary processes such as mediation.
the people affected are vulnerable.
using the small claims court process.
Fair Work Inspectors (FWI) conduct workplace investigations. Inspectors are government officials who promote and monitor compliance with Australian workplace laws.
During an investigation, we collect evidence such as time and wages records, employment contracts and other documents depending on what's being investigated.
Often we will request that parties provide us with evidence. FWIs also have the power to require people to give us records or documents relating to the investigation. This is called giving someone a ‘notice to produce’. They also have the power to enter premises, such as a workplace, in order to investigate and gather evidence.
We may offer witnesses (including the employer and employees) the opportunity to participate in a recorded interview. The recording will be considered as part of the evidence.
We expect that people who provide us with information, records or documents in an investigation give us accurate and complete information and material, or tell us if it is not.
The Fair Work Ombudsman, Sandra Parker, and a small number of specified senior executives can decide to apply to the Administrative Appeals Tribunal for a ‘FWO Notice’ if they reasonably believe a person or business has information or documents that will help an investigation.
attend an interview to answer questions.
coercion of an employee by an employer.
the answers given by someone in an interview can’t be used as evidence in proceedings against that person (other than proceedings for giving false or misleading information or obstruction of a Commonwealth official).
This power will only be used when necessary. We report to the Commonwealth Ombudsman every time we use a FWO Notice and after interviewing a person.
There are significant penalties for not complying with a FWO Notice.
Read our FWO Notices fact sheet and download our detailed Guide to FWO Notices (DOCX 137.7KB) (PDF 149KB) and our Examinee expenses guide and claim form (DOCX 138.7KB)(PDF 535.2KB).
What happens if someone doesn’t comply with a requirement to provide information or records (including a FWO Notice)?
Penalties of up to $126 000 (for an individual) or $630 000 (for a company) can apply for not complying with a FWO Notice.
intentionally hindering or obstructing officials from performing duties or exercising powers. This includes making it difficult for an inspector, an assistant or a senior officer to gather evidence.
See our Powers of Fair Work Inspectors fact sheet for more information about the role and powers of FWIs.
if there is, what can be done to fix the issue.
We explain the decisions we make, and why, to the people involved.
the co-operation of the people involved.
the employer can't be found.
If an employer or employee disagrees with the outcome of a workplace investigation, they can tell us why and we can talk about it.
dispute the matter in court (if we or another party chooses to take action in court).
If the evidence shows that a workplace law has been broken, we will ask that the error is fixed, where possible. This often means asking an employer to pay back wages that are owed.
If the person or company that has broken the law refuses to fix the problem, the case may be referred to court for further action or the employee or employer can take their own legal action in a small claims court.
can give employers and employees information about workplace laws.
Explore this website to get more information about workplace laws.
Employer organisations, unions or other legal professionals may also be able to give advice on workplace rights and obligations.
think the Fair Work Inspector was unprofessional.
To find out more about how to request a review, visit our Feedback page.