09/12/2010

Part of the enactment of the Fair Work Act in 2009, was the establishment of the body known as the Fair Work Ombudsman (“FWO”).

Under the Act, the FWO has the following powers and functions:

1. promote harmonious, productive and cooperative workplaces;
2. promote compliance with the Act and industrial instruments;
3. inquire and investigate any act or practice that may be contrary to the Act;
4. commence proceedings; and
5. any other function conferred by any other law.

In a recent media release the FWO on 28 October 2010, the FWO provided summary figures for some of its actions over the first 12 months of operation.  The summary includes:

• fielding 1.1 million telephone calls;
• finalising 21,070 investigations from complaints;
• resolving almost 99% of all investigations through voluntary compliance (rather than court action); and
• recouping “more than $26.1million for 16,088 underpaid workers nationally form complaints and targeted audits”.  In NSW the recovery was $7.65million for 4718 underpaid workers.

The important message to take out of this information is that it is incumbent on employers to ensure they are complying with the obligations owed to their employees as provided for by the Act.

To assist employers understand the basic requirements we have developed a simple checklist which covers the main areas of the employment relationship and the obligations placed on employers.

CLICK HERE to view the checklist, which can also be found under the Advice Guides section of our website.

The checklist is provided for general guidance, it is not intended to be a substitute for specific legal advice.  Legal advice should be sought in each case as to the specific requirements on the employer to its employees.

If you have any questions in regard to this article, please contact TOWNSENDS BUSINESS & CORPORATE LAWYERS on (02) 8296 6222.