The specific functions of the Fair work Commission include:
1) Judging disputes, complaints in the workplace, (including unfair dismissal, general protection applications and anti bullying applications), sexual harassment stop orders
2) Maintaining the minimum employment standards including wages and employee rights
3) Reviewing and changing awards and agreements
4) Various other functions related to the workplace.
5) Resolving and ruling on matters relating to the National Employment Standards (NES)
The FWC, (as its known) also has a free call service to provide basic and general information on the Fair Work Act 2009, but they cannot provide legal advice.
Therefore, it is more appropriate for employees, employers, contractors and any other relevant parties that believe they have workplace liabilities or responsibilities, particularly around wage theft, to call the Fair Work Ombudsman for free advice and information.
The Fair Work Ombudsman also conducts investigations. Basically they enforce the underpayment of award wages and disputes around this For most of our clients, we recommend that employees who believe that they have been underpaid go to the Fair Work Ombudsman to enquire into what they should have been paid and request an investigation if they have indeed been underpaid.
One point worth noting we get allot of enquiries around the issue of late or non payment of superannuation. Or around the issue of contractors and superannuation and whether they qualify for superannuation. This issue is the responsibly of the Australian Taxation Office (ATO)
We get feedback that many employees ring the two fair work bodies and particularly the Ombudsman and the time waiting to discuss a matter can be lengthy, then people then give up and lodge a claim with the alternative body, thinking that will do, it will sort its self out, well it won’t. Both bodies in essence do there own thing and don’t necessarily interact.
Many employees get confused and try and lodge a unfair dismissal application with the Ombudsman, when it should be with the FWC, being a strictly enforced 21 days to lodge a claim then find them selves out side this timeline and have the serious risk of having their claim denied. Some employees lodge a unfair dismissal claim because they have not been paid there redundancy pay and its unfair, then end with having to pay the Employers legal cost because their in the wrong place.
Not sure, get advice from us, its free, its through, equally The FWC and the Ombudsman have enquiry lines, and are are helpful people. Call 131394, be aware they cannot give legal advice, they are their to process your claim.
We are A Whole New Approach, we are not lawyers, but the nations, leading workplace advisors, with some 30 years experience. We are leaders in workplace commentary, social justice and employee rights. Get advice today, its free, prompt, confidential and honest. We work in all states, NSW, Vic, Qld, SA, WA, Tas, happy to help.