The Fair Work Ombudsman continues the work of the Workplace Ombudsman in promoting and monitoring compliance with Commonwealth Workplace Laws.

The inspection power is the primary compliance tool and it is being utilised widely and often. Fair work inspectors, appointed by the Ombudsman, investigate and enforce compliance with applicable awards. Employers will receive letters advising of these inspections, many of which are randomly conducted.

Ignorance or misunderstanding of minimum pay requirements is of no assistance to employers in avoiding a prosecution. The Fair Work Ombudsman's focus on educating employers and publication of policy statements means that the scope for mitigating the seriousness of any non-compliance and reduction of penalties on the basis of ignorance of these obligations is non existent. It is worth bearing in mind that penalties of up to $33,000 may be imposed on companies and $6000 on individuals, for each breach [as well as making good the shortfall in payments to the employee].

It can be expected that in those cases where a prosecution ensues, the Fair Work Ombudsman will continue the policy of promulgating widely the fact of the prosecution, and the amount of any penalties imposed. There can be no doubt that this policy is effective in exposing the risks of non compliance which should encourage all employers to make enquiry with respect to the nature and extent of their obligations and to conduct their own audit of their compliance with them. This is a process we will be pleased to assist you with.

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