Compliance and Enforcement

Compliance and enforcement obligations under the FW Act impose obligations on certain persons and civil remedies may be sought in relation to contraventions of these civil remedy provisions, which can include: contraventions of National Employment Standards provisions; modern awards; enterprise agreements; method and frequency of payment; equal remuneration orders; general protection and unfair dismissal matters; and cost orders to name but a few.

At Stacks Goudkamp you can draw on our capability, knowledge and expertise regarding FW Act compliance and enforcement obligations to help guide, advise and support you and your business in identifying the steps to be taken in dealing with any enforcement issues initiated by employees, employee organisations (i.e. unions) or the Fair Work Ombudsman.

As a reminder for business, the Federal Court of Australia, the Federal Circuit Court or an eligible State or Territory court may, on application, order a person to pay a pecuniary penalty that the court considers appropriate, if the court is satisfied that on balance, the person has contravened a civil remedy provision in the FW Act. If the relevant person is a body corporate (i.e. company or corporation) then the pecuniary penalty must not be more than 5 times the maximum number of penalty units referred to in compliance and enforcement obligations under the FW Act. This could mean that a company in breach of civil penalty provisions as defined under the FW Act may be liable be liable for a maximum civil penalty of 300 penalty units (i.e. equivalent to $63,000) per breach from 1 July 2017 and up to $12,600 per breach for an individual (like a director or manager) with direct involvement in the breach.