The Fair Work Ombudsman has announced that it will be placing a greater focus on its enforcement efforts during 2019/2020, particularly in relation to:

- Hospitality employers

- Horticulture employees

- Franchisors

- Sham contracting arrangements

- Supply chain risks

- Vulnerable workers

In announcing their primary areas of focus, the Fair Work Ombudsman is sending a strong message of deterrence to would-be law breakers. This highlights the importance for all employers to ensure that they adhere to their industrial relations legislation and obligations.

The Fair Work Ombudsmen has further highlighted that it will be moving to apply their strengthened powers to

- publicly name employers who break the law by underpaying their employees or deprive them of their entitlements.

- compel payment records to be provided for inspection

- issue penalty infringement notices and compliance notices where breaches occur.

- take employers to court to seek penalties for non-compliance.

Employers may be required to enter into an enforceable undertaking with the Fair Work Ombudsman, as a minimum, which will require them (the employer) to meet the cost of getting their underpayments verified by experts contracted to the Fair Work Ombudsman.

While the focus will primarily be on the hospitality and horticultural industries, all employers are encouraged to take steps to review their current payroll and human resource practices to ensure that they are meeting their legal obligations.

If you require any assistance with determining what your obligations are, or if you would like to engage our services to undertake a comprehensive audit of your current HR practices, please contact us at [email protected] or 1300 720 004.

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors such as government legislation changes, may not be up-to-date at the time of reading. It is not legal advice and should not be treated as such.