When the Fair Work Ombudsman investigates alleged contraventions of Commonwealth workplace laws and a contravention is identified, enforcement measures (including in appropriate cases the acceptance of enforceable undertakings, the issue of compliance notices, or the commencement of legal proceedings) may be used to secure compliance.
The Fair Work Ombudsman may use an enforceable undertaking to formalise an arrangement where a wrongdoer has voluntarily complied with the law after an investigation by a Fair Work Inspector.
An enforceable undertaking is a written deed executed between the wrongdoer and the Fair Work Ombudsman which contains:
- an admission of contraventions
- an agreement by the wrongdoer to perform specific actions to remedy the contraventions (e.g. create a payment plan to rectify underpayments, making an apology, printing a public notice)
- a commitment to certain future compliance measures (e.g. regular internal audits, training for managers and staff, implementing compliance measures, future reporting to the Fair Work Ombudsman).