1. The Fair Work Ombudsman Our role in Australian workplaces ACTCOSS Date: 5 November 2010 Presented by: Anthony Fogarty

2. Agenda Who we are What we do How we do it What is a fair workplace? Current WR landscape and key issues Questions?

3. Who we are: Independent statutory agency created by the Fair Work Act 2009, along with Fair Work Australia Our jurisdiction is the national workplace relations system which covers around 95% of Australian workplaces

4. Who we are: Nicholas Wilson - the Fair Work Ombudsman, heads the agency Supported by around 900 staff, including more than 300 Fair Work Inspectors and 300 Fair Work Infoline Advisors In all capital cities and 18 regional locations throughout Australia

5. What we do: Provide education, assistance and advice to employers and workers Promote and monitor compliance with workplace law

6. How we do it: Fair Work Infoline 13 13 94 www.fairwork.gov.au 50,000 Education Visits Media FWEIP/SIAP Education, assistance & advice

7. How we do it: Targeted education and compliance campaigns Investigation of complaints. Two main types of investigation: –wages and conditions - entitlements and remuneration issues –complex cases - difficult or legally technical alleged breaches e.g. unlawful industrial action, discrimination, freedom of association, coercion etc. Promote and monitor compliance

8. How we do it: Three stage process: 1.Assisted Voluntary Resolution (AVR) parties invited to work together to find a solution 2.Full investigation & compliance formal mediation offered work documents examined 3.Enforcement and penalties matters may be taken to court Complaints process

9. What is a ‘fair’ workplace A fair workplace… –Builds a balance between the working and home lives of employees; –Is just, and ensures an even playing field; –Has all parties engaged in matters affecting their workplace; –Is fully compliant with the law.

10. WR Landscape & Key Issues: National Employment Standards Unfair Dismissal & Small business Modern Award – Social, Community, Home Care and Disability Services Industry Award –Phasing provisions for wages & penalties – from 1 July 2011 Equal remuneration case

11. Questions? 13 13 94 www.fairwork.gov.au