When it comes to managing your workforce, staying on top of your legal obligations is crucial. One of the key pieces of legislation you need to be familiar with is The Fair Work Act 2009 (FW Act). This Act outlines your responsibilities and sets the framework for how work should be structured and managed in Australia.
Fair Work Australia is the body that oversees the Act β but what else do they do, and why is it so important for employers and employees?
Letβs dive into how Fair Work Australia shapes our workplaces.
What is Fair Work Australia?Β
The Fair Work Act (FW Act) is the legislation governing Australia's employment relations system. The FW Act lays out the minimum workplace entitlements and obligations that the majority of Australian employees are entitled to.Β
The FW Act has established two independent government organisations to manage the system: the Fair Work Ombudsman (FWO) and the Fair Work Commission (FWC). Together they play a key part in regulating the Act, and are often referred to as βFair Work Australiaβ.
What is the Fair Work Commission? (FWC)
The FWC sets the national minimum wage as well as the minimum wages in modern awards (weβll talk more about these in a moment). They help resolve work issues and approve enterprise agreements.
What is the Role of Fair Work in Australia?Β
Fair Work β or the Fair Work Ombudsman and the Fair Work Commission β regulate the FW Act. They help relationships between employees and the majority of private-sector employers. The Act provides a safety net to make sure employees have minimum entitlements, from the minimum wage and employment entitlements, to modern fair work award rates and the National Employment Standards (NES).
The Fair Work Act:
- Facilitates flexible working arrangements
- Protects against unfair dismissals
- Ensures employees are treated fairly and protected against discrimination
- Provides rules for minimum pay, leave entitlements, notice periods and more
What is the Fair Work Ombudsman (FWO)?Β
The FWO was established as a separate government agency by the FW Act 2009. It has offices all over Australia, both in capital cities and regional areas.
Currently, Anna Booth is the Fair Work Ombudsman (FWO) and head of the agency, and is supported by staff who help give advice to employers and employees, and make sure that workplaces comply with the Act.
What Does the FWO Do?
The Fair Work Ombudsmanβs goal is to create better workplaces across Australia by helping everyone understand and follow the rules. Think of them as your workplace guide βΒ they can help you navigate the sometimes tricky world of workplace relations, whether youβre an employer or an employee. They do this by:
- Providing an easy-to-access source for accurate and up-to-date information on Australia's workplace relations system
- Teaching Australian workers about fair work practices and their rights
- Figuring out if there was a violation of workplace laws, Fair Work awards or registered agreements
- Going to court to enforce laws and to deter people from doing the wrong thing at work
- Building relationships with industry organisations and unions
How Do They Do It?
The FWO makes sure that employees receive their entitlements and helps businesses meet their legal obligations. Their team enforces the rules and awards Fair Work Australia has established by:
- Providing clear, practical interpretations of Fair Work Australia guidelines to help businesses understand their obligations
- Operating a dedicated helpline where employers and employees can get guidance
- Conducting workplace visits to make sure employers are complying with awards Fair Work Australia has set, and to address any issues
- Working collaboratively with industry groups and unions to promote an understanding of Fair Work award requirements and employment agreements
Additionally, Fair Work Inspectors are appointed to investigate and enforce workplace laws and making sure that employers adhere to:
- The Fair Work Act, including employment terms and conditions
- The National Employment Standards
- The Independent Contractors Act provisions
- Enterprise agreements and other industrial instruments
- Modern awards, including Fair Work awards that apply to different industries
What Are the Fair Work Priorities for 2025?Β
The Fair Work Ombudsman (FWO) has set its key priorities for 2025, aiming to ensure workplaces are following Fair Work awards and workplace rules. These priorities focus on:
- Getting alongside small businesses to help them navigate Fair Work awards without getting overwhelmed
- Making sure vulnerable workers don't fall through the cracks when it comes to FWO awards
- Teaching everyone about their rights and responsibilities under Fair Work Australia award rules
The FWO is paying special attention to:
- Aged care servicesΒ
- Farms and agricultural businesses
- Building sites and construction companies
- Disability support providers
- Restaurants, cafes and fast food outlets
- Big corporate organisations
- Universities and higher education
To find out more about the Fair Work priorities, you can visit the priorities page on the FWO site.