What is the role of the Fair Work Ombudsman, and when should I contact them?

In Plain English

The Fair Work Ombudsman (FWO) is like a workplace helper. They make sure everyone knows their rights and responsibilities at work. They provide advice and assistance to employees and employers to foster productive workplace relations and ensure compliance with Australian workplace laws.

You should contact the FWO if you need information about your workplace rights or if you believe your employer has violated workplace laws. For example, if you're experiencing adverse action, discrimination or undue pressure by your employer.

Detailed Explanation

The Fair Work Ombudsman (FWO) is an independent statutory agency established under the Fair Work Act 2009. According to section 682 of the Fair Work Act 2009, the FWO has several key functions:

  • Promoting harmonious workplace relations: The FWO aims to create positive and cooperative relationships in Australian workplaces.
  • Ensuring compliance: A core function is to monitor and enforce compliance with the Fair Work Act 2009 and fair work instruments like awards and enterprise agreements.
  • Providing education, assistance, and advice: The FWO offers guidance to employees, employers, and other relevant parties on workplace rights and obligations. This includes producing best practice guides.
  • Investigating potential breaches: The FWO investigates conduct that may be contrary to the Fair Work Act 2009 or fair work instruments.
  • Enforcing workplace laws: The FWO can commence proceedings in court or make applications to the Fair Work Commission (FWC) to enforce the Fair Work Act 2009 and fair work instruments.
  • Referring matters to relevant authorities: The FWO can refer issues to other appropriate bodies.
  • Representing employees: In certain cases, the FWO can represent employees in legal proceedings or matters before the FWC if it promotes compliance with workplace laws.

You should contact the Fair Work Ombudsman if you:

  • Need information or clarification about your workplace rights and obligations.
  • Believe your employer has taken adverse action against you for exercising a workplace right.
  • Have experienced discrimination, bullying, or harassment at work.
  • Suspect your employer is not complying with minimum wage laws or other entitlements under the National Employment Standards (NES), a modern award, or an enterprise agreement.
  • Require assistance in resolving a workplace dispute.

The Fair Work Ombudsman can be contacted via their website www.fairwork.gov.au or by calling 13 13 94.