Who is the Fair Work Ombudsman?

Leading a team is demanding—but are you staying on top of Australia’s ever-evolving employment regulations?

Whether it’s understanding employee entitlements, ensuring compliance with awards, or resolving disputes, the Fair Work Ombudsman plays a vital role in helping employers and employees navigate their rights and responsibilities. And we’re here with our end-to-end HR software to make it even simpler.

Who is the Fair Work Ombudsman?

The Fair Work Ombudsman (FWO) is an independent statutory agency established under the Fair Work Act 2009 in Australia. Its primary role is to ensure the Fair Work Act is adhered to by employers; or that employees are informed about workplace laws, award wages and their contractual obligations.

It exists to promote fair, productive, and cooperative workplace relations across the country.

The role of Fair Work Ombudsman

The Fair Work Ombudsman is an independent statutory office. The group is set up by law and can authorise as well as act on legislation on behalf of the Federal Australian Government.

Its core functions include:

Education and Advice

• Provides guidance, tools, and resources to help employers and employees understand their rights and obligations under Australian workplace laws.

• Offers information on pay, leave, awards, enterprise agreements, and workplace rights.

Monitoring and Compliance

• Promotes compliance with workplace laws through audits and campaigns.

• Monitors industries or sectors where non-compliance is more likely.

Investigations and Enforcement

• Investigates complaints and suspected breaches of the Fair Work Act.

• Takes enforcement action when necessary, including issuing compliance notices, infringement notices, or initiating legal proceedings.

• This enforcement role helps to ensure a level playing field for all businesses and protect vulnerable workers.

Dispute Resolution Support

• Assists in resolving workplace disputes through various means, including mediation and conciliation.

Ethical and Efficient Operations

• Operates in a manner that is efficient, effective, economical, and ethical, as mandated by its statutory obligations.

Understand your Fair Work Act obligations as an employer

As a business owner, you're no stranger to leading with confidence and making informed decisions. By staying on top of your Fair Work Act obligations, you demonstrate strong leadership, accountability, and a genuine commitment to your duty of care.

As an employer, you are legally required to provide a copy of the ‘Fair Work Information Statement’ to all new employees before or as soon as they begin working for you. The Fair Work Act details employer obligations as modes of ‘best practice’ and outlines clear National Employment Standards.

These standards stipulate ten entitlements for your full-time and part-time employees.

These include:

• Weekly Work Hours: Employees are permitted to work up to 38 hours per week. Any additional hours must be reasonable and justifiable.

• Flexible Work Arrangements: Workers have the right to request changes to their working conditions—such as hours, location, or schedule—by submitting a written application. Employers must respond within 21 days. Valid reasons include caregiving responsibilities, disability, being over 55, or experiencing domestic violence.

• Types of Leave: Employees are entitled to various forms of leave, including annual leave, parental leave, personal or carer’s leave, compassionate leave, family and domestic violence leave, public holidays, community service leave, and long service leave.

• Termination Due to Insolvency: In the event of company insolvency or bankruptcy, employees must be given proper notice and redundancy payments in accordance with legal requirements.

• Wage Compliance: Employers must ensure that wages reflect the employee’s role and tenure, and that all payments and payslips accurately document these earnings.

• Fair Dismissal Practices: To prevent claims of unfair dismissal, employers should clearly communicate performance expectations and give employees a chance to improve. If termination becomes necessary, the Small Business Fair Dismissal Code Checklist should be completed.

Ensure your business complies with the Fair Work Compliance

Whether it's getting pay right under the relevant award or agreement, meeting your record-keeping obligations, or ensuring smooth dispute resolution. There's a lot to consider.

BrightHR is an end-to-end software and support services provider that equips small businesses with everything they need to transform their people management.

From 24/7 employment relations phone advice that helps you stay on top of legislation and handle tricky HR situations, to a payroll navigator that makes it easy to store employee details, the right people management support can make all the difference.

Book a free product demo today.