Practical impacts of the Fair Work Ombudsman’s combined agency powers and new discrimination jurisdiction Presentation for the 8 th Annual Workforce Conference 21 September 2009 Natalie James Chief Counsel Fair Work Ombudsman

Promotes harmonious, productive and cooperative workplace relations and compliance with workplace rights, including by providing: education, assistance and advice, and producing Best Practice Guides The Fair Work Ombudsman

Advice Compliance Education 3 Things you need to know about the Fair Work Ombudsman 3

26 offices across Australia Last year: –More than $32 million recovered for about 28,000 workers –78 matters went to court, resulting in $1.6 million in penalties The Fair Work Ombudsman In Action

Have achieved high penalties, including one for $288,000 Over the next 12 months we expect to: –complete 26,000 investigations –Respond to 1.4 million phone enquiries –undertake 5500 targeted audits –Commence up to 80 matters in court –Record up to 1.6 million hits on the website Litigation

New Legislation Good faith bargaining Small Business Fair Dismissal Code General protections –Including protection against discrimination in the workplace The National Employment Standards (from 1 Jan 2010) Modern awards (from 1Jan 2010, with phased introduction of pay related entitlements)

Unlawful discrimination that results in “adverse action” can be investigated Includes discrimination on the basis of: –Race; colour; sex; sexual preference; age; physical or mental disability; marital status; family or carer’s responsibilities; pregnancy; religion; political opinion; national extraction; social origin The first eight weeks – what we have discovered so far Discrimination

Complaints can be made online or by post If a complaint is made: the employer must prove they did not discriminate Court may make an order it considers appropriate, including injunctions, compensation, reinstatement Court penalties: $6,600 for an individual and $33,000 for a company The Fair Work Ombudsman is committed to educating and informing employers about how to avoid discrimination Fixing Discrimination

Discrimination on the grounds of pregnancy –Refused maternity leave –Position no longer available and no alternative job provided –Employment terminated during maternity leave The Fair Work Ombudsman can investigate as this action contravenes section 351 of the Fair Work Act Discrimination – case study

The Fair Work Ombudsman will provide education, assistance and advice to employees, employers, outworkers, outworker entities and organisations The Fair Work Education and Information Program New educational services include: –A series of Best Practice Guides –The Fair Work Infoline and Fair Work Online –The Fair Work Ombudsman Education team Education

Fair Work Online website contains: –Fact sheets, and templates for record keeping and payslips –Best practice guides Can be accessed at: Fair Work Infoline ( ) is a central point of contact for access to information and assistance on workplace relations An estimated 1.4 million calls will be taken this financial year Fair Work Online

A dedicated Education Team Assists small to medium sized enterprises to understand and implement better workplace practices Provides tools, information and services Education and Small Business

Responses to Non Compliance Flexible delivery of compliance responses: –Voluntary Compliance –Enforceable Undertakings –Civil Penalty Proceedings

The legislative framework safeguards the play-out of all choices –What do you have to do? –What should you do? –What could you do? Self audit your compliance with: –Modern Awards, the NES, General Protections, etc –Bargaining and dispute resolution processes –Pay-slips & record-keeping Review your HR decision making –Documentation For all recruitment, employment, promotion, performance management and termination –Anti-discrimination protections Pre-employment and during employment Plan very carefully –What sort of workplace do you want? –How do you want to grow your business? –How do you want to retain and develop your employees? What should I pay attention to? Things You need to know Things You need to know

Fair Work Infoline: GPO Box 9887 in each capital city Natalie James, Chief Counsel of the Fair Work Ombudsman –LocationL10, 208 Bunda Street and Corner Akuna Street, Canberra –Telephone –Mobile CONTACTING US