An enforceable undertaking (EU) is a written agreement between us and someone who has not followed an Australian workplace law (for example, an employer).
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EUs are used to fix a problem and make sure it doesn't happen again. We can use an EU instead of taking an employer to court. We generally do this where:
- an investigation has shown that workplace laws have not been followed
- the employer is prepared to voluntarily fix the issue and
- they agree to preventative actions for the future.
Typically an EU contains additional obligations. These include:
- an acknowledgement by the employer that the law has not been followed
- an agreement by the employer to do certain actions to fix the breach (for example, remedying an underpayment, apologising, printing a public notice)
- a commitment by the employer to future compliance measures (for example, regular internal audits, training for managers and staff, future reporting to the Fair Work Ombudsman).
If we decide that an EU is the best way to sort out a workplace issue, we will prepare the draft agreement. An employer can provide input and seek independent legal advice before signing the agreement.
All EUs are published on our website. To read recent EUs, visit:
Not complying with the agreed terms of an EU is a serious matter. We can apply to the courts to enforce the terms of the agreement.
Source reference: Fair Work Act 2009 s.715