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FWA and FWO. What are their different roles?

The Fair Work Ombudsman (FWO) and Fair Work Australia (FWA) are the two key organisations in Australia’s workplace relations system. Each has different functions within that system.

The Fair Work Ombudsman

The Fair Work Ombudsman is an independent statutory agency.

The Fair Work Ombudsman’s role is to:

  • educate people about their workplace rights and obligations
  • investigate breaches of people’s workplace rights
  • take cases to Court to enforce workplace laws.

Nicholas Wilson is the current Fair Work Ombudsman.

The Fair Work Ombudsman appoints Fair Work Inspectors. Inspectors are empowered to investigate possible breaches of workplace laws and enforce compliance with them. They do not act on behalf of either employees or employers and are impartial in their investigations. The Fair Work Ombudsman can take suspected breaches of workplaces law to a federal court.

The Office of the Fair Work Ombudsman has around 1000 staff who work in 26 locations around Australia.

Fair Work Australia

Fair Work Australia is the independent national workplace relations tribunal.

It makes decisions about the national minimum wage and can create and change modern awards.

Fair Work Australia hears workplace related matters initiated by individuals or organisations and makes decisions about many workplace matters, including:

  • unfair dismissal
  • industrial action
  • equal pay
  • transfer of business
  • right of entry
  • enterprise bargaining

Justice Giudice AO is the current President of Fair Work Australia.

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Page last updated: 3 October 2011