The Fair Work Ombudsman ('FWO') ensures compliance with Australian workplace laws, providing guidance to both employees and employers on their rights and responsibilities. The FWO investigates issues such as underpayments, breaches of workplace rights, and non-compliance with minimum standards. While the FWO can take enforcement actions, including legal proceedings, it does not handle formal disputes like dismissals. If you need advice or have concerns about workplace rights or conditions, the FWO is the body to contact.
What types of complaints can you make?
The Fair Work Ombudsman resolves various employment-related complaints within the Fair Work system. Common types include:
- Pay Rates: You can complain if your pay doesn’t meet the required rate under your award or agreement.
- Notice of Termination: You can complain if your employer didn’t give you the correct notice when terminating your employment.
- Notice of Resignation: You can complain if your employer rejects your resignation despite you giving proper notice.
- Final Pay: You can complain if your employer doesn’t provide your final pay correctly at the end of employment.
- Redundancy Pay: You can complain if your job is made redundant and you don’t receive the correct redundancy pay.
- General Employment Conditions: You can complain if your employer breaches conditions set out in your award, agreement, or the National Employment Standards.
Jurisdiction:
The Fair Work Act applies to employees, employers, contractors, and workplaces throughout Australia. Employees working overseas for Australian workplaces should seek specific legal advice regarding their employment rights under both Australian law and the law of the country where they are working.
Time Limitations:
You can make a complaint to the FWO at any time, but for court applications regarding underpayment or breaches, it must be within 6 years.
The FWO will not deal with complaints about:
- Unfair Dismissal: Handled by the Fair Work Commission (FWC).
- Bullying and Harassment Claims: Also under FWC jurisdiction.
- Workplace Health and Safety Issues: Governed by state and territory regulators.
- Employment Separation Certificates: Not issued by the FWO.
- Issues involving state public sector or local government employers.
Exercise of Discretion:
The FWO decides what action to take on complaints based on public interest, blatant law disregard, significant scale, and guidance needs. Most complaints are resolved voluntarily and informally.
Who can you make a complaint against?
You can make a complaint against:
- Employer: Any employer covered by the national system.
- Company Director: Directors responsible for company operations and strategic direction.
- Human Resources Representative: Handles employee management and compliance with employment laws.
- Manager/Supervisor: Oversees employees' operations and enforces workplace policies.
- Payroll Officer: Manages payroll processing and ensures correct wage payments.
- Workplace Health and Safety Officer: Implements and monitors workplace safety policies.
- Small Business Owner: Manages employment relationships in small businesses.
- Franchisee/Franchisor: Handles employment disputes within the franchise model.
- Contractor or Subcontractor: Independent businesses or individuals contracted for work.
Are you eligible to make a complaint?
Who Can Make a Complaint?
You must be an employee in Australia, including visa holders and migrant workers.
Before you lodge a complaint:
You should first try to resolve the issue with your employer, unless it’s unreasonable to do so.
Can Complaints Be Made on Behalf of Someone?
Yes, with the person’s consent.
The FWO will not deal with complaints about:
Independent contractors usually can’t make complaints, except for misclassification issues. State public sector or local government employees aren’t covered by the Fair Work system.
Additional Information:
Migrant workers must follow visa rules but can seek help from the FWO for workplace entitlements.
What can this body do to help?
What remedies are available?
This body may provide:
- Voluntary Resolution: The FWO contacts the respondent to discuss and resolve the issue.
- Compliance Notice: Issued when there’s a breach of employment standards, requiring corrective action.
- Enforceable Undertaking: A written agreement to correct a breach, enforceable by legal action if not fulfilled.
- Notices to Produce: Requires production of records/documents relevant to an investigation.
- Investigation and Inquiries: Conducted to determine compliance with employment laws.
- Specific Action: Directs the employer to take steps to rectify a breach.
- Infringement Notice: On-the-spot fines for minor breaches of the Fair Work Act.
- Litigation: The FWO may apply to court for orders including fines, compensation, or other remedies.
How to prepare your complaint
Format:
Complaints can be made online, by post, fax, or telephone. Assistance is available through the FWO helpline.
Personal Details:
Provide your name and contact information for follow-up.
Anonymous Reports:
You can make an anonymous tip-off without being directly involved.
Respondent Details:
Include the employer’s business name, ABN, address, and phone number.
Relevant Facts:
Provide details of the issue, including dates, times, location, witnesses, and records of what happened.
What Not to Include:
Do not include false or misleading information.
Additional Information:
Most required information can be found in your employment contract, offer letter, pay slips, or workplace noticeboards.
Lodging your complaint and next steps:
Where to Lodge Your Complaint:
Complaints can be made to the Fair Work Ombudsman (FWO) in the following ways:
- Online: Submit an online request through the FWO website (found here). You need to create a My Account (You can register for a My Account here).
- Post: Fair Work Ombudsman, GPO Box 9887, [Insert your capital city].
- Fax: 1800 618 366.
- Telephone: 13 13 94, available 8am – 5.30pm Monday to Friday (except public holidays).
- Anonymous Reports: You can make an anonymous report in English at this link. You can make an anonymous report in another language at this link.
Next Steps:
- You Will Be Contacted for a Statement: An FWO officer will discuss your situation and may ask for supporting documents.
- The Respondent Will Be Contacted: The FWO will contact the employer to inform them of the issue and record their response.
- You Will Be Told What Decision the FWO Has Made: The FWO will decide what action to take and inform you of the next steps.
- Closing Your Complaint: The FWO may close your complaint if you can’t be contacted, the issue is out of jurisdiction, the problem is resolved, or you decide not to pursue it.
More information:
Refer to the factsheet provided below for more information.
