Penny Wong (SA, Australian Labor Party, Minister for Finance and Deregulation) Share this | Hansard source

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

(1) The Fair Work Ombudsman's national and state targeted campaigns typically involve the monitoring of compliance by duty holders with fair work instruments such as Modern Awards. The campaigns are both an education and a compliance activity. While there is no reason why registered organisations as employers could not be subject to a targeted campaign, there is little evidence in our complaints database to warrant such a compliance activity at present.

(2) The FWO is unable to respond to this question.

(3) Ms Savvas was contacted on 27 July 2012 and advised that the FWO cannot enforce entitlements under an agreement that did not commence operation. Ms Savvas was further advised that she may wish to consider seeking to enforce the unlodged agreements as common law contracts, noting that the FWO has no capacity under the Fair Work Act 2009 to enforce common law contractual rights.

(4) On 16 December 2011, the FWO notified Ms Savvas about its preliminary findings and advised her that before making a decision to commence legal proceedings, the FWO needed to be satisfied that there was sufficient evidence to prosecute the case and that it must be evident from the facts of the case, and all the surrounding circumstances, that commencing proceedings is in the public interest. Ms Savvas was provided with the opportunity to respond and make submissions but failed to do so. Accordingly, the FWO was unable to establish any evidence of Ms Savvas being financial disadvantaged or having been denied a benefit by the ANF – NT for its failure to lodge the 2007 Agreement. As a result of Ms Savvas' refusal to engage with the investigation in a formal interview process and the resulting lack of evidence, the FWO determined that commencing proceedings and pursuing this matter further was not in the public interest, taking into account all surrounding circumstances.

(5) The FWO enters into Enforceable Undertakings with duty-holders in accordance with the FWO's Guidance Note on the 'FWO Enforceable Undertakings Ploicy (Guidance Note 4) published on the FWO's website ar www.fairwork.gov.au/​fwoguidancenotes/​GN-4-FWO-Enforceable-Undertakings-Policy.pdf. An Enforceable Undertaking was not considered by the FWO in this matter as the investigation failed to disclose any requirement to compensate 'persons who have suffered loss or damage as a result of the contravention' or a situation wherein an Enforceable Undertaking 'would have ensured continuing compliance that was not available via an order from a court' (see paragraph 5.4 of GN 4).

(6) No.