FW Ombudsman to make compliance and enforcement policy clearer

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FW Ombudsman to make compliance and enforcement policy clearer

The Fair Work Ombudsman is preparing a new Compliance and Enforcement Policy, to increase clarity on its approach to compliance notices, enforceable undertakings, industrial action, discrimination and investigative processes.

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The Fair Work Ombudsman (FWO) is preparing a new Compliance and Enforcement Policy, to increase clarity on its approach to compliance notices, enforceable undertakings, industrial action, discrimination and investigative processes.

The new policy is intended to replace its existing Guidance Notes 3,4,5,6 and 8.

The FWO’s enforcement strategy is to encourage employer compliance through greater use of enforceable undertakings and proactive compliance deeds. It is carefully monitoring the use of these enforcement tools in current cases. The new policy will set out its approach to offering and agreeing to enforceable undertakings.

Consultation


Stakeholders are being consulted by the FWO on the new policy. The Australian Chamber of Commerce and Industry has indicated it considers the policy should reflect the current federal government philosophy of concentrating on education, information and assistance, as well as reflecting the government’s election commitment to provide small business with potential immunity from prosecution if pay errors are not deliberate and the employer has sought FWO advice on the issue.
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