Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

If I could briefly address what the amendments that the government is moving seek to do, the bill will grant the Fair Work Ombudsman new evidence-gathering powers similar to those already available to corporate regulators like ASIC and ACCC. So what the new powers will enable the Fair Work Ombudsman to do is to issue what is called an FWO, Fair Work Ombudsman, notice to compel a person to provide information or documents or to attend an interview. The powers will be particularly important in cases where no relevant documents appear to be available and an investigation has stalled. The Fair Work Ombudsman will have the power to issue a FWO notice if they reasonably believe a person has the information or documents relevant to the investigation or is capable of giving evidence that is relevant to an investigation. To complement these new powers, the bill will also prohibit, expressly, anyone from hindering or obstructing a Fair Work Ombudsman inspector or giving the Fair Work Ombudsman false or misleading information or documents.

The new powers will help progress investigations where people refuse to cooperate with Fair Work inspectors and there is no documentary evidence available, or it appears documents have been falsified. The new powers will provide the Fair Work Ombudsman with a greater suite of options to tackle exploitation of workers. As I have said, the new powers will enhance the Fair Work Ombudsman's ability to gather evidence where proper records do not exist or are being withheld by those with something to hide, and give the Fair Work Ombudsman new avenues to pursue those who hinder or obstruct investigations or provide false or misleading information.

The new powers will assist the Fair Work Ombudsman with important investigations like that of 7-Eleven. In the 7-Eleven investigation, the Fair Work Ombudsman experienced a wide lack of cooperation from franchisees and others that hindered its ability to gather evidence about suspected breaches of workplace laws. The ombudsman could not compel verbal evidence from people when employment records didn't exist, were falsified or were just not forthcoming. These powers will be used as a last resort by the Fair Work Ombudsman and will not be required where employers cooperate with an investigation. They will assist in obtaining the information necessary to bring actions against those who do not cooperate with investigations.

For the benefit of the Senate as well, there are safeguards in place to ensure the proper use of these powers. Robust safeguards will ensure that these powers are used appropriately. For example, the powers can only be exercised after written notice has been provided that gives at least 14 days notice to the recipient. A notice can only be issued by the Fair Work Ombudsman personally or one of her senior executives under delegation.