Fair Work Ombudsman

The Fair Work Ombudsman (FWO) (or formally, the Office of the Fair Work Ombudsman), is an independent statutory agency of the Government of Australia 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.

Office of the Fair Work Ombudsman
Agency overview
Formed1 July 2009 (2009-07-01)[1]
Employees800+
Minister responsible
  • Tony Burke, Minister for Employment and Workplace Relations
Agency executive
  • Anna Booth, Fair Work Ombudsman
Child agency
Websitewww.fairwork.gov.au

The FWO, along with the Fair Work Commission (former Fair Work Australia), the national workplace relations tribunal, began operation on 1 July 2009 under the Fair Work Act 2009.

The head of the Office of the Fair Work Ombudsman is the Fair Work Ombudsman, currently Anna Booth, who reports to the Hon. Tony Burke MP, Minister for Employment and Workplace Relations.

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.[3] There have been four statutory appointments to that office since the FWO's inception:

NameYears in officePrior & subsequent roles
Nicholas Wilson2009–2013Workplace Ombudsman (2007–2009)[4]
Commissioner of the Fair Work Commission (2013–.)[5]
Natalie James2013–2018Senior manager at the Department of Education, Employment and Workplace Relations (to 2013)[6]
Partner, Deloitte (2018–22)[7]
Chair of the Victorian Government Inquiry into the Victorian On-Demand Workforce (2018–20)[8]
Secretary of the Department of Employment and Workplace Relations (2022-.)[9]
Sandra Parker PSM2018–2023Deputy Secretary at the Department of Jobs and Small Business (2011–2018)[10][11]
Anna Booth2023–presentDeputy President of the Fair Work Commission (2012–2020)[12]

There are currently two Deputy Fair Work Ombudsmen. Mark Scully, for Compliance and Enforcement, and Kristen Hannah for Policy and Communication. Michael Campbell is the Chief Operating Officer and Rachel Volzke is Chief Counsel.[13]

Operational activities

The Office of the Fair Work Ombudsman achieves its functions by:[14]

  • offering people accurate and timely information about Australia's workplace relations system
  • educating people working in Australia about fair work practices, rights and obligations
  • investigating complaints or suspected contraventions of workplace laws, awards and agreements
  • litigating to enforce workplace laws and deter people from doing wrong in the community
  • building strong and effective relationships with industry, unions and other stakeholders.

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.[15]

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.[16]

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.[17]

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 make a complaint to FWO regarding underpayment of wages, conditions (such as annual leave), workplace rights and discrimination in the workplace.

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.

An investigation looks 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.

There are a number of stages to an investigation. However, it will depend on what a Fair Work Inspector finds during the first stages as to whether the latter stages need to happen. The three stages are:

  • Assisted Voluntary Resolution (AVR)
  • Full investigation and compliance
  • Enforcement
Compliance and enforcement

The Fair Work Ombudsman can inquire into and investigate breaches of the Fair Work Act.[18] Each year priority areas are announced which guide compliance and education work. [19]

References
  1. CA 9305: Fair Work Ombudsman, National Archives of Australia, retrieved 1 May 2016
  2. "'The Registered Organisations Commission', Annual Report 2017-18". Office of the Fair Work Ombudsman. Commonwealth of Australia. Archived from the original on 6 June 2019. Retrieved 6 June 2019.
  3. Fair Work Act 2009 (Cth) s 687
  4. Arbib, Mark (24 June 2009). "Senior appointments to Fair Work". Ministers' Media Centre. Department of Employment, Skills, Small and Family Business: Commonwealth of Australia. Retrieved 9 June 2019.
  5. Shorten, Bill (28 March 2013). "New appointments to Fair Work Commission". Ministers' Media Centre. Department of Employment, Skills, Small and Family Business: Commonwealth of Australia. Retrieved 9 June 2019.
  6. Shorten, Bill (12 July 2013). "Fair Work Appointments". Ministers' Media Centre. Department of Employment, Skills, Small and Family Business: Commonwealth of Australia. Retrieved 9 June 2019.
  7. Tadros, Edmund (11 September 2018). "Former Fair Work Ombudsman Natalie James becomes Deloitte partner". Australian Financial Review. Retrieved 9 June 2019.
  8. "Inquiry into the Victorian On-Demand Workforce". Department of Premier and Cabinet. Victorian Government. Retrieved 9 June 2019.
  9. Albanese, Anthony (22 June 2022). "Announcement Of New Department Secretaries". Prime Minister of Australia. Commonwealth of Australia. Retrieved 30 September 2022.
  10. Laundy, Craig (22 June 2018). "Appointment of Fair Work Ombudsman". Ministers' Media Centre. Department of Employment, Skills, Small and Family Business: Commonwealth of Australia. Retrieved 9 June 2019.
  11. Marin-Guzman, David (2 April 2023). "Workplace watchdog steps down after navigating 'perfect storm'". Australian Financial Review. Nine Entertainment Co. Retrieved 4 September 2023.
  12. Burke, Tony (7 July 2023). "New Fair Work Ombudsman". Ministers' Media Centre: Ministers of the Employment and Workplace Relations Portfolio. Commonwealth of Australia. Retrieved 4 September 2023.
  13. "Fair Work Ombudsman organisational chart" (DOCX). Office of the Fair Work Ombudsman. Commonwealth of Australia. 28 April 2022. Retrieved 28 April 2022.
  14. "Our role and purpose". Fair Work Ombudsman. Commonwealth of Australia. Retrieved 4 September 2023.
  15. "Offices - Fair Work Ombudsman".
  16. "Compliance and enforcement". Australian Government. Retrieved 17 December 2022.
  17. Fair Work Ombudsman, Audits and campaigns, archived from the original on 22 February 2014
  18. "V". Australian Government. Retrieved 17 December 2022.
  19. "Our Priorities". Australian Government. Retrieved 17 December 2022.
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