Office of Fair Work Ombudsman is now briefing

05/07/2011

The Office of the Fair Work Ombudsman (FWO) is seeking expressions of interest from barristers with diverse areas of practice, who wish to accept FWO briefs. The functions of the FWO include the promotion of compliance with the_ Fair Work Act 2009_ and fair work instruments and to commence proceedings in a court, or to make applications to Fair Work Australia, to enforce the FW Act, its predecessor the Workplace Relations Act 2006, the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, the Paid Parental Leave Act 2010 and associated regulations on matters including:

• terms and conditions of employment arising under awards, agreements and the National Employment Standards;
• enterprise agreement making and bargaining;
• transfer of business;
• workplace rights;
• adverse action;
• sham contracting;
• unlawful industrial action;
• right of entry; and
• pay-slips and record keeping requirements.

On 27 June 2011, the FWO received the attorney general’s approval to conduct litigation in-house in relation to all proceedings commenced under the FW Act, the WR Act, the PPL Act and related transitional legislation and regulations. In addition, the FWO also has permission to use in-house lawyers to conduct litigation relating to the enforcement of court orders relating to the above.

The FWO has previously conducted litigation in-house pursuant to another exemption of the attorney general which was narrower and essentially only covered underpayment and other procedural and regulatory matters.� The net effect of the exemption is that the FWO is likely to brief counsel directly more often in respect of its litigation matters.

Last financial year, the FWO commenced approximately 50 civil litigation proceedings.� About 75 per cent of these matters could be described as underpayment matters, where wages were sought to be recovered and penalties imposed for the failure to comply with Commonwealth workplace relations laws.�

The FWO is committed to briefing a broad range of counsel and, in particular, women.�

If you wish to considered for briefs from the FWO, send your details, including a resume to Janine Dennis at janine.dennis@fwo.gov.au

5 July 2011

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