Overview of powers
A Fair Work Inspector has powers to perform a number of tasks related to compliance with Commonwealth workplace laws.
The types of matters Fair Work Inspectors may investigate include:
- underpayments of wages and entitlements, including entitlements related to terminating an employee
- pay slip and time and wages record-keeping requirements
- freedom of association
- right of entry by unions
- coercion, undue influence or pressure and misleading and deceptive conduct in agreement making
- sham contracting arrangements
- unprotected industrial action
- discrimination.
Entering premises
A Fair Work Inspector may enter premises without force, during working hours if:
- they believe the Fair Work Act 2009 or a Fair Work instrument (e.g. an award) applies to the workplace; or
- records or documents relevant to compliance are on the premises (including documents on a computer).
The Fair Work Inspector must give you their name and show their identity card to you or your representative as soon as they can.
They must not enter any residential premises, unless they reasonably believe people work there.
While on premises
When a Fair Work Inspector is on premises they may:
- inspect any work, process or object
- interview anyone (a person can refuse to be interviewed)
- ask someone to tell them who has or who can access a record or document
- require the person with access to a record or document to hand it over on the spot or within a specific timeframe
- inspect and make copies of any record or document kept on the premises (hardcopy or on computer)
- take samples of any goods or substances in line with the regulations.