Contacting the Fair Work Ombudsman
The Fair Work Ombudsman (FWO) works with employees, employers, contractors and the community to promote cooperative workplaces. The FWO can investigate workplace complaints and make sure workplaces comply with workplace laws.
Why contact the FWO?
If you have a complaint about your workplace, the FWO can investigate and help you settle your dispute with your employer by:
- explaining workplace laws
- offering assistance in resolving your complaint
- organising mediation.
If, after contacting the FWO, you can reach an agreement with your employer you can avoid the expense and stress of going to court.
To find out more about asking the FWO for assistance, go to
the 'Resolving disputes with our help' page on the FWO website.
If it has been more than six years since your entitlement was owed, you should get
legal advice. You can still complain to the FWO, but there is a limit on what action the FWO can take.
Is the request confidential?
The FWO will usually tell your employer your name and what the complaint is about. The FWO will normally give any documents they get from you, to your employer. The FWO will also give you any documents they receive from your employer.
If you do not want your employer to know that it was you who made the complaint you can ask that the FWO keep your identity confidential (secret). They are more likely to agree to this if you are still working for your employer or there are exceptional circumstances, for example a threat to your safety.
If the FWO later decides that there is a good reason to reveal your identity to your employer, they will talk to you first. If you still don't want your identity revealed, the FWO may decide not to continue the investigation.
When you request assistance, the FWO will contact you to explain the complaints process, give you advice on your request and try to help you resolve the issue with your employer.
For more information about what happens when you make a complaint, go to
'Working with you to resolve workplace issues' page on the FWO website.
As part of the complaints process, the FWO may arrange mediation between you and your employer. Mediation is an informal way of resolving your complaint with your employer. It is a free and voluntary process.
For more information on the mediation process, go to
'Working with you to resolve workplace issues' page on the FWO website.
The FWO does not investigate every complaint. It may investigate the complaint if it involves very serious issues or it is in the public interest.
An investigation by the FWO may result in:
- your employer paying you
- the FWO helping you start a court case
- the FWO taking your employer to court for a breach of workplace laws.
For more information about what might happen if your complaint is investigated, go to the 'Workplace investigations' page on the FWO website.
If you disagree with the FWO's decision
After receiving your complaint, the FWO may make a decision you don't agree with, such as a decision not to investigate your complaint or to take no further action after an investigation.
For more information about how to request a review, see the
FWO website.