Fair Work Ombudsman for Employees

Fixed Fee Consultation
If you wish to make a complaint to the FWO about your employer but feel intimidated by the process, consultation with an experienced lawyer at Peters Bosel Lawyers will assist you.

Fair Work Ombudsman for Employees

Fixed Fee Consultation
If you wish to make a complaint to the FWO about your employer but feel intimidated by the process, consultation with an experienced lawyer at Peters Bosel Lawyers will assist you.

What you need to know about making a complaint to the Fair Work Ombudsman

The Fair Work Ombudsman (“FWO”) is an enforcement agency which provides an avenue for an employee to bring a complaint against an employer when they feel they have not been paid certain entitlements.

To this end, the FWO has the power to audit employers, direct them to produce employee records (such as payslips), issue infringements and prosecute employers in court when it believes there has been a breach of the Fair Work Act 2009 (Cth), Regulations and/or industrial instruments. The FWO can act on anonymous tip-offs, employee complaints or conduct random audits of businesses.

If you wish to make a complaint to the FWO about your employer but feel intimidated by the process, consultation with an experienced lawyer at Peters Bosel Lawyers will assist you with understanding your rights and your employer’s obligations.  Furthermore, we can assist you in gathering all the relevant documentation and information including statements from you and your witnesses, in proper evidentiary form, that will help enhance the prospects of the Fair Work Ombudsman pursuing the issue on your behalf.

What happens once the FWO receive your complaint?

Once the FWO receives a complaint from an employee the FWO will give consideration as to how the complaint will be pursued.  This may include more informal approaches such as mediation or more formal approaches such as issuing Infringement notices (i.e. fines); compliance notices (i.e. formal directions to take certain remedial steps and are enforceable in court); enforceable undertakings (i.e. a formalised commitment to comply); or court-ordered penalties (in cases where an employer chooses not to fix a contravention of a workplace law).

The FWO can progress a matter to court where it finds there has been a contravention of Australian workplace laws.

Employees might also consider a small claims action to recover amounts of unpaid wages of less than $20,000, which is designed to be more effective, less costly and time consuming than other court proceedings.

If you consider your employer has breached the terms of the Fair Work Act 2009 (Cth), an enterprise agreement or modern award, Peters Bosel Lawyers can provide you with advice and guidance as to how best to recover the unpaid amounts and methods of dealing with the FWO.

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