Enforcement of Federal Workplace Relations Laws

Enforcement of the Fair Work Act 2009 (Cth) (FW Act), and instruments made under it such as modern awards and enterprise agreements, is primarily the responsibility of the Office of the Fair Work Ombudsman (FWO). The FWO acts mainly on the basis of complaints made by employees.

Importantly, however, employees, employers and organisations (eg unions and employer organisations) also have the capacity to enforce federal workplace relations laws.

Part 4-1 of the FW Act deals with the enforcement of what are known as “civil remedy provisions” of the legislation. Applications may be made to specified federal, state and territory courts for orders to address alleged contraventions of civil remedy provisions. These orders may include injunctions, orders for compensation or reinstatement, and the imposition of financial penalties.

Various other enforcement options are available to the FWO, in addition to bringing court proceedings against an alleged wrongdoer, including issuing compliance notices or infringement notices, or entering into enforceable undertakings.

See What measures can be taken to enforce the provisions of federal workplace relations laws?

Further enforcement considerations

Division 4A of Part 4-1 of the Fair Work Act 2009 (Cth) (FW Act) makes franchisors and holding companies liable for certain contraventions of workplace laws by businesses in their network where they knew or could reasonably be expected to have known that the contraventions would occur, or that contraventions of the same or a similar character were likely to occur, and they failed to take steps to manage the risk.

These ‘extended liability’ provisions do not replace, but supplement the accessorial liability provisions in s 550 of the FW Act.

See Can franchisors and holding companies be held liable for breaches of the FW Act made by holding companies in their network?