Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

asked the Minister for Tertiary Education, Skills, Science and Research, upon notice, on 3 November 2011:

In regard to the Fair Work Act 2009 (the Act):

(1) In relation to section 677:

  (a) how many orders/requests for attendance, evidence and documents have been issued;

  (b) what has been the level of compliance; and

  (c) can list be provided identifying the breakup orders issued under this section by the following categories, trade union official, employer official and other (identifying the categories of 'other').

(2) In relation to section 708, on how many occasions has the power of inspectors to enter premises under this provision been exercised.

Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

The answer to the honourable senator's question is as follows:

(1)   (a) Orders/requests for attendance are generally issued by Fair Work Australia on the application of a party to the matter during the course of proceedings. Fair Work Australia does not record in aggregate terms how many such orders/request for attendance are made. Other than by searching each application or matter lodged with Fair Work Australia to identify any requests and/or orders for attendance or documents, it is not possible to extract this information from the case management system.

  (b) Fair Work Australia does not record in aggregate terms the level of compliance. Other than by searching each application or matter lodged with Fair Work Australia to identify any requests and/or orders for attendance or documents, it is not possible to extract this information from the case management system.

  (c) Fair Work Australia does not record in aggregate terms the number of orders/requests for attendance issued to trade union officials, employer officials or other. Other than by searching each application or matter lodged with Fair Work Australia to identify any requests and/or orders for attendance or documents, it is not possible to extract this information from the case management system.

(2)   The majority of investigations conducted by the Fair Work Ombudsman are desk-based and are finalised by Fair Work Inspectors without visiting the workplace. Fair Work Inspectors sometimes enter premises when conducting investigations into suspected breaches of the Fair Work Act 2009. Usually this is an informal arrangement, rather than an exercise of powers under section 708 of the Fair Work Act 2009, that is agreed between the employer and the Fair Work Inspector in order to assist in resolving the complaint. In many cases of Fair Work Inspectors attending workplaces, this is at the request of the employer who may prefer to discuss the matter face to face.

Whilst not formally captured, it is estimated that Fair Work Inspectors attend workplaces in relation to approximately 20% to 30% of investigations. These site visits often allow a higher level of service by the Fair Work Inspector and provide an employer with an opportunity to put forward their view and relevant information concerning the complaint and their business. Some employers prefer this as they find it less time consuming and more helpful than over the phone.

In some instances, Fair Work Inspectors will view the work premises in order to help understand the work or a classification relevant to a complaint or they may wish to request or view records. In these instances, Fair Work Inspectors inform an employer of this and discuss options for meeting at a time convenient to both parties.

Site visits are also an important opportunity for Fair Work Inspectors to provide education and assistance to the employer. Whilst this is done over the phone, via email and post with many investigations, depending on the language, business type and preference of the employer, in some cases this is more helpful when done in person. Fair Work Inspectors provide information specific to the complaint and also general information for that business such as fact sheets, award information and other tools available for free on the Fair Work Ombudsman website.