Role of the Fair Work Ombudsman
The Fair Work Ombudsman is an independent statutory agency that promotes harmonious, productive, and compliant Australian workplaces. It serves both employees seeking to understand their rights and employers wanting to meet their obligations.
Education & advice
- Free workplace advice
- Pay and conditions calculators
- Templates and guides
- Employer workshops
Compliance & enforcement
- Workplace investigations
- Compliance notices
- Infringement notices
- Court proceedings
Key functions of the FWO
The Fair Work Ombudsman performs several important functions:
FWO responsibilities
FWO resources for employers
The FWO provides extensive free resources to help employers comply with workplace laws:
- Pay and Conditions Tool (PACT): Calculate correct pay rates for employees
- Award Finder: Identify which modern award applies to your employees
- Employment contracts: Free templates for different employment types
- Record-keeping templates: Time and wages record templates
- Best Practice Guides: Industry-specific compliance guides
- Small Business Showcase: Resources tailored to small business needs
FWO enforcement priorities
The FWO prioritises enforcement against businesses that exploit vulnerable workers, including visa holders, young workers, and those in insecure work. Systematic underpayments by large businesses and franchise networks also attract significant enforcement attention and penalties.
Enforcement outcomes
When the FWO investigates and finds breaches, several enforcement outcomes are possible:
Administrative outcomes
- Education and guidance letters
- Formal cautions
- Compliance notices
- Infringement notices
Legal outcomes
- Enforceable undertakings
- Court-ordered penalties
- Back-payment orders
- Public naming
Common triggers for FWO investigation
Underpayment complaints
Employee complaints about incorrect wages, missing penalty rates, or unpaid entitlements are a primary trigger for FWO investigations.
Anonymous tip-offs
Tips from current or former employees, competitors, or members of the public about potential breaches lead to many investigations.
Proactive audits
The FWO conducts targeted campaigns in industries with high non-compliance rates, including hospitality, retail, and fast food sectors.
Key takeaways
The Fair Work Ombudsman is both an educational resource and enforcement body. Employers should use FWO tools and resources proactively to support compliance rather than waiting for an investigation.
Good record-keeping is essential—the FWO requires employers to maintain payroll records for 7 years. Use time and attendance software like RosterElf to maintain accurate records and demonstrate compliance if questions arise.
