The Fair Work Ombudsman (FWO) is committed to creating a culture of ongoing compliance with Australian workplace laws. The FWO undertakes education and compliance campaigns to assist businesses to comply with workplace laws. Where businesses have made errors and are not complying with workplace laws, Fair Work Inspectors assist them to get it right. The FWO expects those business will remain compliant.
The National Compliance Monitoring Campaign (the campaign) commenced in February 2015 and was undertaken to:
- Assess whether businesses found to have errors in previous FWO audit campaigns were now compliant
- Commence enforcement action for businesses that remained non-compliant, where appropriate.
The results of the campaign reveal the positive impact that FWO interactions are having on compliance. Of the 891 originally non-compliant businesses re-audited, 618 (69%) are now fully compliant and meeting all of their workplace relations obligations. Of the remaining non-compliant businesses, there were 195 where the FWO took enforcement action (using 201 enforcement tools). Most of the remaining 78 non-compliant businesses had made clear efforts to comply with their obligations, but a minor error was still detected. No enforcement action was taken in these cases.
Of the 891 businesses audited:
- 174 formal cautions, one (1) Compliance Notice and 26 Infringement Notices (on the spot fines) were issued to 195 businesses
- 737 (83%) were paying their employees correctly
- 725 (81%) were compliant with record-keeping and pay slip requirements
- 618 (69%) were now meeting all of their obligations
- $207 990 was recovered on behalf of 485 employees.
What we did
Fair Work Inspectors contacted 891 businesses that had been audited by the FWO within the past 4 years and had been found to have errors. These businesses had been audited across a range of previous FWO campaigns.
A sample of time and wage records was assessed for compliance with the Fair Work Act 2009 (the Act), the Fair Work Regulations 2009 (the Regulations) and the applicable award/agreement. Fair Work Inspectors paid particular attention to the errors that had been identified for each business when previously audited.
Where further errors were identified, Fair Work Inspectors considered the reasons for the non-compliance to determine what action should be taken. Enforcement action was subsequently taken in relation to 195 non-compliant businesses.