Commonwealth Consolidated Acts

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Functions of the Fair Work Ombudsman

             (1)  The Fair Work Ombudsman has the following functions:

                     (a)  to promote:

                              (i)  harmonious, productive and cooperative workplace relations; and

                             (ii)  compliance with this Act and fair work instruments;

                            including by providing education, assistance and advice to employees, employers, outworkers, outworker entities and organisations and producing best practice guides to workplace relations or workplace practices;

                     (b)  to monitor compliance with this Act and fair work instruments;

                     (c)  to inquire into, and investigate, any act or practice that may be contrary to this Act, a fair work instrument or a safety net contractual entitlement;

                     (d)  to commence proceedings in a court, or to make applications to the FWC, to enforce this Act, fair work instruments and safety net contractual entitlements;

                     (e)  to refer matters to relevant authorities;

                      (f)  to represent employees or outworkers who are, or may become, a party to proceedings in a court, or a party to a matter before the FWC, under this Act or a fair work instrument, if the Fair Work Ombudsman considers that representing the employees or outworkers will promote compliance with this Act or the fair work instrument;

                     (g)  any other functions conferred on the Fair Work Ombudsman by any Act.

Note 1:       The Fair Work Ombudsman also has the functions of an inspector (see section 701).

Note 2:       In performing functions under paragraph (a), the Fair Work Ombudsman might, for example, produce a best practice guide to achieving productivity through bargaining.

             (2)  The Fair Work Ombudsman must consult with the FWC in producing guidance material that relates to the functions of the FWC.

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