Fair Work Infoline: 13 13 94
Media Release
5 Jan 2010
We’re here to help small business, says Fair
Work Ombudsman
Fair Work inspectors will visit almost 50,000 small businesses throughout the country to
help guide them through Australia’s new workplace laws.
The visits will target private sector employers entering the national workplace relations
system for the first time.
Fair Work Ombudsman Nicholas Wilson announced the transitional visits in Adelaide today
as part of the Federal Government’s Fair Work Week to mark the full implementation of
Australia’s new Fair Work system on January 1.
Mr Wilson says his Agency will stand shoulder-to-shoulder with small businesses to assist
them to better understand, comply with and maximise the benefits of the new legislation.
“We are very serious about our job of building knowledge and fairer workplaces and are
strongly focussed on ensuring the community understands its workplace rights and
obligations,” he said.
This year, the Fair Work Ombudsman plans to call on 10,000 small businesses in NSW,
10,000 in Queensland, 5000 in South Australia and 1000 in Tasmania.
There will be additional visits in 2011 and 2012.
During December, the Fair Work Infoline fielded over 4000 calls a day, peaking at 4750 on
the Monday before Christmas. About 35 per cent of callers are employers or their
representatives.
Mr Wilson said questions about Modern Awards ranked in the top five issues raised by
callers on December 29, 30 and 31 – indicating that employers were clearly engaging with
the changes.
“Inspectors will adopt a flexible, fair approach to businesses found to be in breach of the
new laws, as it is always our preference to work with employers to educate them and help
them voluntarily rectify any non-compliance issues we identify,” he said.
“The Fair Work Act gives us a safety net of fair, relevant and enforceable minimum
employment terms and conditions by which to encourage harmonious, productive and co-
operative workplace relations.”
Mr Wilson says the Fair Work Ombudsman has been progressively expanding the range of
user-friendly resources on its website to not only assist employers understand and comply
with new laws, but also to operate their workplaces according to best practice.
More than 42,000 copies of 11 new Best Practice Guides posted in September had been
downloaded by Christmas. The most popular has been “Small Business and the Fair Work
Act”.
Mr Wilson says while small to medium-sized businesses contribute enormously to the
nation’s wealth and provide significant private sector employment, experience suggests
they are largely inexperienced in the field of workplace relations and need assistance to
understand and comply with workplace laws.
Fair Work Infoline: 13 13 94
He revealed that when Fair Work inspectors discovered a problem in a workplace,
ignorance was often the reason for the contravention.
“Ignorance is no excuse, but we recognise that in order to comply, we must help
employers understand the law and the obligations it imposes upon them,” he said.
Mr Wilson says that of the 30,000 matters his inspectors investigate annually, 99 per cent
are resolved co-operatively and voluntarily by employers without the need for litigation.
“Other than in exceptional circumstances, we do not initiate legal action against businesses
where they have demonstrably tried to do the right thing,” he said.
–
to assist employers large and small alike.
Recent additions include:
The Fair Work Information Statement – translated into 20 languages
An explanation of the new 10 National Employment Standards
Modern Awards, including phasing in pay rates
Workplace discrimination – what is it?
An overview of State referrals for employers new to the national system
Multi-media versions of a number of Best Practice Guides
Templates for small business for engaging new employees, probation periods and
termination of employment.
Use of a “live help” service on the website has recently increased from an average of 10
“chats” a day to about 70.
keeping templates, a self-audit checklist and fact sheets on dozens of topics including
leave, industrial action, public holidays, enterprise bargaining, gender pay equity and
family-friendly workplaces.
He says employers need to be aware that under Commonwealth workplace laws they must
keep accurate time, wages, annual leave and other employment records and issue
sufficiently detailed payslips.
Mr Wilson says as well as Online resources, the Fair Work Ombudsman has more than
200 highly-skilled advisers available to speak with small business people with questions on
its Fair Work Infoline on 13 13 94 – open 8am-6pm weekdays.
And he says State referrals to the national system will also allow an expansion of the Fair
Work Ombudsman’s face-to-face contact with employers in more regional areas
throughout Australia. In South Australia, for example, the Agency already has offices in
Adelaide, Port Augusta and Mt Gambier, but under contractual arrangements with the
State, will also have a presence in Port Pirie, Whyalla and Port Lincoln.
Fast facts: In the five months from July 1, 2009 to November 30, the Fair Work
Ombudsman nationally:
Received 8718 complaints
Commenced 2468 targeted audits
Recorded over 200,000 visits to its website
Fielded 392,774 telephone calls
Responded to 8421 email, fax and internet inquiries
Recovered $12 million for 7538 underpaid workers
Media: Craig Bildstien, Director of Media & Stakeholder Relations, 0419 818 484.
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