Find out about your online privacy rights when using our website.
On this page:
We are committed to protecting your privacy.
We aim to offer an online environment that makes sure the information you give us is secure.
- the Privacy Act 1988
- the 13 Australian Privacy Principles that apply to both business and Australian government agencies.
When you deal with us you have the right be anonymous and the right to use a pseudonym.
You can report an issue anonymously to us, in English or another language. To find out more, see Report an issue anonymously.
Under the Fair Work Act 2009 (the Act), we can collect personal information to promote compliance with the Act and Fair Work instruments (s672(1)(a)(ii)). This includes providing education, assistance, and advice to the Australian community.
When you visit our website, there are different levels of personal information we collect according to how you are using the site.
The following information outlines when we will collect your personal information and why.
When browsing our website, we record anonymous information about your visit. We log this information to collect and analyse statistics on how you use the website so we can develop better online services for you.
The anonymous information we collect won’t tell us anything about you as an individual, for example, your name or email. The information we log includes:
- your server address
- your operating system, for example, Windows, Mac
- your top-level domain name, for example, .com, .gov, .au, .uk
- the date and time of your visit to our site
- the pages visited and the documents downloaded
- the previous site visited
- the type of browser used, for example, Internet Explorer, Firefox
- the language selected for translation.
Your browser shares cookies with our server anonymously, so we won’t know your name or email. This lets us see the patterns of how you use our website. Cookies ‘remember’ your browser between page visits and identify your browser when you return to the site.
We use Swift Digital, an online marketing platform service provider, to send and manage emails for our subscribers.
When you subscribe to our email and media updates:
- we record your email address
- we only use your email address for the reasons you gave it
- we won’t add your email address to other mailing lists, unless you ask us to
- you can use a pseudonym if you supply a valid email address.
We collect personal information when you submit feedback to us via the feedback form. Here we ask you to provide:
- what type of feedback you’re giving, for example, if it’s general feedback or a complaint
- a description of what the feedback is about. If it’s about reviewing a decision we’ve made, we’ll ask you to give more information about the matter
- your My account details or a reference number for a previous enquiry
- confirmation of whether or not you want a response from us:
- if not, usually you can choose to remain anonymous
- if yes, you’ll need to give us more personal information about yourself (for example, your name, email, and phone number).
We use this information to generate a feedback ticket. We can then assess your feedback and decide the best way to respond.
You have a right to access personal information that we hold about you. You also have a right under the Privacy Act to request corrections to any personal information that we hold about you if you think the information is inaccurate, out-of-date, incomplete, irrelevant, or misleading.
We can decline access to, or correction of, personal information in certain circumstances, as set out in the Privacy Act 1988.
Generally, if we refuse to give you access, we’ll notify you in writing, including the reasons for refusal and the mechanisms available to you to dispute that decision.
To find out more about how to access information we hold, see Accessing our information.
We won’t identify you or your browsing activities, except if there is an investigation. In this case, a law enforcement agency can exercise a warrant to look at our logs.
We can provide your information to third parties in Australia or overseas who help us with our statutory functions and activities.
We can provide your personal information to:
- government agencies and departments or anyone we are required or permitted to provide personal information to by law, or
- researchers conducting research or survey work for us.
We can transfer your information to these third parties electronically, including via the internet.
When we no longer need this information for authorised purposes, we’ll take all reasonable steps de-identify it.
When we provide personal information to third parties for surveys and research, we limit them to only using or disclosing your personal information for the reasons we have engaged them for.
Third parties conducting surveys or research for us must follow the same legal obligations we follow when it comes to your information.
If you don’t want your personal information to be used by or disclosed to third parties conducting research or surveys for us, or if you want to inspect, amend, or remove personal information we have about you, write to us at:Privacy Officer
Fair Work Ombudsman
GPO Box 9887
Sydney NSW 2001
When we receive personal information about you (whether solicited or unsolicited), in almost all cases, we treat it as a Commonwealth record. Under the Archives Act 1983, we need to retain Commonwealth records until we can lawfully dispose of them. For example, through:
- a ‘records authority’ issued or agreed to by the National Archives – a records authority determines how long we hold information and when we dispose of it
- a ‘normal administrative practice’ – which allows information that is duplicated, unimportant, or of short-term value to be disposed of.
We collect your personal information when you register for a My account and when you make an enquiry. If we don’t collect your personal information, we can’t register your My account or respond to your online enquiries.
Registering for My account
The personal information we collect when you register for My account includes:
- your name
- if you are an employee, employer, or representative
- name of the enterprise agreement, if any, that covers you
- your email
- if you are an employer:
- business name
- your industry
- how many employees you have
- any industry awards that apply to your business (if known)
- any enterprise agreement that applies to your business (if any).
If a third-party registers for My account on your behalf or provides us with your personal details, we will collect this information.
Making an enquiry
We may disclose your personal information to enable us to undertake appropriate enquiries. We will only do so if it is relevant to carry out our functions and activities.
- how we collect your information
- using and disclosing your information
- storage and disposal of your information
- how to make a complaint.
While we work to make sure our web environment is secure, there are some risks when providing information online.
To make sure your information is as secure as possible, we encrypt all messages between the browser running on your computer and its online site. The encryption process we use is Secure Socket Layer (SSL).
The Privacy (Australian Government Agencies – Governance) Australian Privacy Principles Code 2017 (Cth) requires all agencies, including the Fair Work Ombudsman, to conduct a Privacy Impact Assessment (PIA) for all high privacy risk projects.
We maintain this register of PIAs completed since the Code came into effect on 1 July 2018:
|Date||Title of PIA|
|July 2022||Security Clearance Project|
|May 2022||eBrief Document Bundling Solution|
|May 2022||Learning Management System (Acorn)|
|May 2022||New PACT|
|May 2022||FWO Awareness Survey|
|November 2021||Large Scale Wages Assessment Process|
|October 2021||Online Services Program|
|July 2021||Small Business Employer Advisory Service|
|July 2021||Inclusion@Work Index|
|June 2021||Survey of employees as part of an investigation|
|March 2021||Email subscription services|
|March 2021||Exploring the Factors Underlying Effective Return to Work Programs|
|December 2020||CaseWare IDEA|
|December 2020||Information and data sharing with ATO|
|December 2020||International Students Workplace Rights Quiz|
|August 2020||Mentoring Solution|
|July 2020||eDiscovery Platform|
|April 2020||COVID-19 Notification Process|
|February 2020||Consultation Hub|
|January 2020||HR Digital Project|
|September 2019||Transition from Lynda.com to LinkedIn Learning platform|
|August 2019||Qualtrics survey tool|
|June 2019||Customer Information Search|
For questions about your privacy, you can contact our Privacy Officer by:
- emailing firstname.lastname@example.org
- writing to:
Privacy Officer Information Governance
Fair Work Ombudsman
GPO Box 9887
Sydney NSW 2001