A Fair Work inspector may need to inspect your workplace in response to a complaint or as part of an audit campaign to ensure compliance. Generally this will be during working hours unless an inspector believes that any other time is necessary for compliance purposes.

About Fair Work Inspectors

Fair Work Inspectors under the Fair Work Act 2009 are appointed by the  Fair Work Ombudsman. Generally they are employed to work in the Office of the Fair Work Ombudsman but they could be a person who is employed by a State or Territory government.

They are government officials responsible for investigating and enforcing compliance with national workplace relations laws.

Inspectors are independent and impartial and have no bias toward one outcome over another.

Before the inspection

Fair Work Inspectors have the right to inspect a workplace without warning if they reasonably believe work governed by national workplace relations laws is being or has been done there. An inspector cannot enter a part of a residential premises unless the inspector reasonably believes that work referred to above is being done on that part of the premises.

They can also enter a workplace if they believe there are records or documents relating to compliance stored there or accessible from a computer on the premises.

Before entering a workplace or as soon as practicable after entering the premises, a Fair Work Inspector must show their identity card to the occupier of the premises or their representative if they are present.

Inspectors are not allowed to use force to enter the workplace, but don’t need permission from the occupier.

During the inspection

During an inspection, a Fair Work Inspector can:

• inspect any work, process or object
• interview any person
• require a person to tell them who has custody of, or access to a record or document
• require a person who has custody of, or access to a record or document to produce the record or document either while they are on the premises, or within a specified period
• inspect and make copies of any record or document that's kept on the premises or is accessible from a computer kept there
• take samples of any goods or substances.

After the inspection

After the inspection, a Fair Work Inspector will decide whether a matter should be pursued further.