Most Read Contributor in Australia, September 2016
Hundreds of construction businesses will be audited by the Fair
Work Ombudsman (FWO) inspectorate as part of a
announced by FWO last week.
The FWO's focus on the construction industry is a result of
more than 2000 complaints to FWO by construction workers last year.
Workplace contraventions were found, by FWO, to have occurred in
approximately fifty per cent of these complaints.
The FWO will audit (including physical audits) up to 700
businesses to verify compliance with a range of workplace laws,
such as minimum wages, penalties, allowances, record-keeping and
pay slip obligations. All capital cities and selected regional
areas will be targeted by the FWO. Businesses across the whole
ambit of the construction industry will be targeted.
While the audited businesses will largely be selected randomly,
some businesses with a history of non-compliance will be
Where businesses are found to have contravened workplace laws,
FWO inspectors are able to issue on-the-spot fines of up to $2,550.
Where the FWO takes legal action, each contravention can attract
penalties of up to $51,000 for companies and up to $10,200 for
Construction businesses should review their compliance with the
Fair Work Act 2009 and their applicable Modern Award(s) or
Enterprise Agreement(s). Businesses should be particularly mindful
of the effect that the National Minimum Wage Review has on Modern
Awards. Businesses with previous instances of non-compliance should
be particularly mindful of the campaign.
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Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
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