[Australia]: Department of Employment and Workplace Relations

[Owen]

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Headquarters​

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50 Marcus Clarke Street, Canberra City, Australian Capital Territory​

Ministers​

Office:	Officeholder:	Image:
Minister for Employment and Workplace Relations	The Honourable Justine Elliott, MP
Secretary of the Department of Employment and Workplace Relations	Kerri Hartland

Fair Work Commission

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Overview​

The Fair Work Commission (FWC) is the Australian industrial relations tribunal created by the Fair Work Act. FWC is an independent workplace relations tribunal with the power and authority to regulate and enforce provisions relating to minimum wages and employment conditions, enterprise bargaining, industrial action, dispute resolution, and termination of employment. The Commission is located in Sydney, Melbourne, Brisbane, Newcastle, Perth, Adelaide, and Canberra. The Fair Work Act is an attempt to create a more national system for regulating industrial relations in Australia. Each state has the discretion to hand over some or all of their industrial relations powers to the Commonwealth, and should a state decide to refer their powers to a centralized and national industrial relations system, all the employees of that state would effectively be covered by the national Fair Work Act. The FWC has taken over matters of workplace disputes and industrial actions. It is also involved in the process of determining national industrial relations policies, including setting minimum wages and regulating the award system. Since the introduction of the Fair Work Act, all states except Western Australia have referred their powers to the Commonwealth.

Cases​

Case Number:	Case Name:	Description:	Industrial Relations Area:	Location:	Presiding Member:	Case Status:	Findings:

Fair Work Ombudsman

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Overview​

The Fair Work Ombudsman (FWO) is an independent statutory agency of the Government of Australia that serves as the central point of contact for free advice and information on the Australian national workplace relations system. The FWO also investigates workplace complaints and enforces compliance with national workplace laws. The FWO, along with the Fair Work Commission, the national workplace relations tribunal, began operation under the Fair Work Act. The functions of the FWO are set out in section 682 of the Fair Work Act. The FWO achieves its functions by: Providing education, assistance, advice and guidance to employers, employees, outworkers, outworker entities and organisations Promoting and monitoring compliance with workplace laws Inquiring into and investigating breaches of the Fair Work Act Taking appropriate enforcement action Performing its statutory functions efficiently, effectively, economically and ethically The Office of the Fair Work Ombudsman consists of the Fair Work Ombudsman, supporting staff and Fair Work Inspectors who are all focused on serving the needs of everyone covered by the Australian workplace system. The Fair Work Ombudsman have offices in all capital cities and 14 regional locations across Australia.

Fair Work Building and Construction

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Overview​

Fair Work Building & Construction (FWBC), is an Australian Government agency established by the Fair Work (Building Industry) Act. FWBC is responsible for enforcing industrial relations laws in Australia’s building and construction industry through the provision of education, assistance and advice. FWBC aims to ensure the rule of law applies on building sites within Australia and that building work is carried out fairly, efficiently and productively for the benefit of all building industry participants and for the benefit of the Australian economy as a whole. The agency has offices in Sydney, Brisbane, Adelaide, Canberra, Hobart, Darwin and Perth, with its head office located in Melbourne. The agency’s investigators visit construction sites across Australia to ensure all building industry participants are complying with federal law. FWBC is responsible for the following workplace relations matters in the building and construction industry: Investigating alleged contraventions of: the Fair Work Act the Independent Contractors Act the National Construction Code Responding to enquiries for advice and assistance Conducting presentations on the rights and responsibilities of building industry participants Producing and distributing fact sheets on legislation, regulations and industrial relations practices Publishing updates on legal findings (e.g. outcomes of court cases), operational activities, newsletters and updates on topics affecting the industry Determining if a contravention has occurred and commencing legal action. Contraventions may relate to: Coercion Industrial action Discrimination Workplace rights Strike pay Right of entry Intervene in court and Fair Work Commission proceedings that involve a building industry participant or building work Refer matters to other Commonwealth or State and Territory bodies, including: Fair Work Ombudsman Australian Taxation Office State and Federal Police Australian Securities and Investments Commission Director of Public Prosecutions Australian Competition and Consumer Commission

Safe Work Australia

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Overview​

Safe Work Australia is an Australian Government statutory agency established under the Safe Work Australia Act. Their primary responsibility is to improve work health and safety and workers’ compensation arrangements across Australia. They represent a genuine partnership between governments, unions and industry, working together towards the goal of reducing death, injury and disease in the workplace. Safe Work Australia is jointly funded by the Commonwealth, state and territory governments through the Intergovernmental Agreement for Regulatory and Operational Reform in Occupational Health and Safety. Safe Work Australia is the national policymaker, not a regulator of work health and safety. The Commonwealth, states and territories have responsibility for regulating and enforcing work health and safety laws in their jurisdiction. Safe Work Australia works to: Raise awareness of work health and safety as a key issue in the community Improve work health and safety, by understanding what influences Australian workplace cultures and then putting in place mechanisms to effect change Harmonize work health and safety laws throughout Australia Develop national work health and safety and workers’ compensation policy Identify opportunities for improvement in workers’ compensation arrangements This is achieved by: Promoting work health and safety through events including National Safe Work Australia Week and the annual Safe Work Australia Awards Developing, implementing and driving the new National Work Health and Safety Strategy Developing, implementing and monitoring the harmonised work health and safety framework Developing and implementing the National Workers’ Compensation Action Plan Developing and maintaining collaborative Australian and international partnerships on work health and safety Monitoring, collecting, analysing and reporting on research and data for work health and safety and workers’ compensation policy development and evaluation

Comcare

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Overview​

Comcare is a statutory authority of the Australian Government established under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). Comcare administers the Commonwealth's workers' compensation scheme under the SRC Act and is the national work health and safety regulator with functions and powers for compliance and enforcement under the Work Health and Safety Act (WHS Act). Comcare sets and collects premiums specific to each Australian Government agency to meet their claims liability and claims administration costs. The department is headquartered in Canberra, and has offices in Melbourne, Sydney, Brisbane, Adelaide, Perth, Newcastle, Darwin and Launceston. Comcare provides advice to the Minister for Employment and Workplace Relations on issues relating to the administration of the Commonwealth's work health and safety and workers' compensation frameworks. Comcare works with employees and other workers, employers, service providers and other organisations to: Minimise the impact of harm in the workplace Improve recovery at work and return to work Promote the health benefits of good work

Workforce Australia

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Overview​

Workforce Australia is an Australian Government-funded network of organisations that are contracted by the Australian Government, through the Department of Employment and Workplace Relations, to deliver employment services to unemployed job seekers on Government income support payments and employers. Providers are initially selected for the network and allocated business through a competitive public tender process, with contract periods running for varying lengths of time determined by the Australian Government. There are over 1,000 sites across Australia delivering Workforce Australia. To be eligible for support, people need to be in receipt of eligible income support payments, such as JobSeeker Allowance, Youth Allowance, the Disability Support Pension or Parenting Payment. The services provided by Workforce Australia differ according to the level of disadvantage of the job seeker, circumstances or the allowance they were receiving from Centrelink. Services include: Stream 1 (Limited): Workforce Australia assists in creating an online resume for the purpose of applying for jobs through the Workforce Australia website, and automatically matching the job seeker's knowledge, skills and experience to new jobs that are available. Stream 1: This part of the Workforce Australia model includes Intensive Activities, where job seekers participate in activities to develop their skills in resume development, application writing, cold canvassing, goal setting, career planning, interview techniques, job search and work experience. Stream 2 & 3: These job seekers are experiencing moderate and significant disadvantage (respectively). Job seekers will enter into an Employment Pathway Plan (EPP) which will include activities and assistance aimed at improving the job seekers' employability. The focus will be on addressing the vocational and non-vocational needs of the job seeker. Stream 4: These job seekers are assessed as having the most severe levels of disadvantage and may be affected by such things as mental health, disability, homelessness, abuse, drug/alcohol etc. Workforce Australia providers will work with the job seeker to address their most pressing issues/barriers first. The aim is to achieve employment, however this may take some time.

Workplace Gender Equality Agency

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Overview​

The Workplace Gender Equality Agency (WGEA) is an Australian Government statutory agency responsible for promoting and improving gender equality in Australian workplaces. The agency was created by the Workplace Gender Equality Act and provides employers with advice, practical tools, and education to help them improve gender equality. The Agency's purpose under the Act is to: Promote and improve gender equality (including equal remuneration between women and men) in employment and in the workplace Support employers to remove barriers to the full and equal participation of women in the workforce Promote, amongst employers, the elimination of discrimination on the basis of gender in relation to employment matters (including in relation to family and caring responsibilities) Foster workplace consultation between employers and employees on issues concerning gender equality in employment and in the workplace Improve the productivity and competitiveness of Australian business through the advancement of gender equality in employment and in the workplace Non-public sector employers with 100 or more staff are required to report to the agency annually, between the 1s of April and the 31st of May, against six gender equality indicators: Gender composition of the workforce Gender composition of governing bodies of relevant employers Equal remuneration between women and men Availability and utility of employment terms, conditions and practices relating to flexible working arrangements for employees and to working arrangements supporting employees with family or caring responsibilities Consultation with employees on issues concerning gender equality in the workplace Any other matters specified by the Minister: sex-based harassment and discrimination Employers with 500 or more employees must also have a policy for each of the 6 gender equality indicators. Those with 500 or more direct employees also need to select and achieve or improve against gender equality targets. The WGEA uses the data to develop confidential and customized Competitor Analysis Benchmark Reports for employers, which enables them to compare their performance to their peers.

Asbestos and Silica Safety and Eradication Agency

Overview​

The Asbestos and Silica Safety and Eradication Agency was established under the Asbestos and Silica Safety and Eradication Agency Act to administer the Asbestos National Strategic Plan and the Silica National Strategic Plan and oversee national actions to monitor and improve awareness of asbestos safety, asbestos related diseases, silica safety and silica related diseases. The agencies functions for both asbestos and silica include: Supporting and monitoring the implementation of the Asbestos National Strategic Plan and Silica National Strategic Plan by the Commonwealth and State, Territory and local governments Fostering collaboration between relevant stakeholders Promoting consistent messages, policies and practices Improving the state of knowledge and awareness Conducting, monitoring and promoting research, and Collecting and analysing data required for measuring progress on preventing exposure to asbestos fibres, or respirable crystalline silica, and for informing evidence-based policies and strategies. The Agency can provide general advice about asbestos and silica safety, but it can not enforce the law. The Asbestos National Strategic Plan provides a long-term, phased approach to eliminating asbestos-related diseases in Australia through nationally consistent and coordinated actions. The Silica National Strategic Plan outlines a cohesive, nationwide approach to preventing workplace exposure to respirable crystalline silica (RCS) and addressing the re-emergence of silicosis and other silica-related diseases.

Pacific Australia Labour Mobility Scheme

Overview​

The Pacific Australia Labour Mobility (PALM) scheme is a temporary migration program to address unskilled, low-skilled and semi-skilled labour shortages across rural and regional Australia, and nationally, for agriculture and select agriculture-related food product manufacturing sectors. Under the scheme, Australian businesses can hire workers from Pacific Island countries and Timor-Leste when there are not enough local workers available. Once approved to participate in the PALM scheme, employers can recruit workers to fill positions for seasonal placements (short-term) of up to nine months or longer-term placements of between one and four years (long-term). Pacific Island countries and Timor-Leste make a sovereign choice about their participation in the PALM scheme, and the Australian Government works with each country to ensure they can participate on their own terms. Skills training is embedded into the PALM scheme to make sure it delivers a skills dividend for Pacific Island countries and Timor-Leste where workers can come to Australia, gain new work experience and often new skills, and take these home to their communities. All Pacific and Timor-Leste workers participating in the PALM scheme have the same workplace rights and protections as Australian workers, and additional measures are in place to support their wellbeing while they live and work in Australia.

Current PALM Scheme Countries​

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Coal Mining Industry (Long Service Leave Funding) Corporation

Overview​

The Coal Mining Industry (Long Service Leave Funding) Corporation, known as Coal LSL, is the Australian Government corporation established to regulate and manage long service leave entitlements on behalf of eligible employees in the black coal mining industry. Coal LSL has served the industry as a government entity managing the portable long service leave benefit established in 1949. Coal LSL’s purpose is to exercise the functions and powers of the following governing legislation to connect employers and employees with long service leave entitlements within Australia’s black coal mining industry: Coal Mining Industry (Long Service Leave) Administration Act 1992 Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 Coal LSL collects payroll levies from employers of eligible employees on behalf of the Australian Government. The long service leave levy is a mandatory employer tax which does not come out of employee wages. More than 53,000 active employees in the Australian black coal mining industry are accruing long service leave benefits through the scheme. Coal LSL is the custodian of more than 57 million hours of leave for employees; and the funds under management stand at more than $2 billion. Coal LSL is the regulator of the scheme. Coal LSL's compliance and enforcement activities are in place to ensure employers fulfil their legislative obligations, providing eligible employees with access to their long service leave entitlements.

Safety, Rehabilitation and Compensation Commission

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Overview​

The Safety, Rehabilitation and Compensation Commission (SRCC) is a statutory body that seeks improvement in occupational health and safety, rehabilitation and workers' compensation in the Commonwealth jurisdiction. The SRCC is established under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act). SRCC administers the regulatory functions of the SRC Act, other than those ascribed to Comcare in the SRC Act. The major functions of the commission are to: Ensure equity of outcomes under the SRC Act Provide advice to the Minister Provide advice and guidance to the jurisdiction Grant, extend and vary self-insurance licences SRCC is the issuing authority and regulator of self-insurance licences under the SRC Act. As part of this, SRCC has the power to set standards for the rehabilitation and work health and safety performance of self-insured licensees and must be satisfied that licence applicants can meet these standards. While the SRCC has functions under the Work Health and Safety Act (WHS Act), they are not a regulator under the WHS Act. The regulator will be either Comcare or the state regulator, depending on the self-insured licensee’s individual arrangements.

Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority)

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Overview​

The Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) works with the Australian maritime industry to reduce the human and financial costs of workplace injury. The Seacare Authority oversees a national scheme of occupational health and safety (OHS) and workers’ compensation arrangements for defined seafarers, known as Seacare. Seacare's arrangements apply to defined seafaring employees and, in relation to OHS, defined third parties. The Seacare Authority's purposes are to: Promote healthy and safe workplaces and appropriate and timely compensation for, and rehabilitation of, injured workers covered by the Seacare scheme. Maintain a scheme safety net that is able to meet its liabilities. The Seacare Authority administers both the Seafarers Act and OHS(MI) Act. The inspectorate function under the OHS(MI) Act has been conferred on the Australian Maritime Safety Authority (AMSA). AMSA provides a regular report to the Seacare Authority on the performance of its functions. The Seacare Authority’s functions under the Seafarers Act are: Monitor the operation of the Seafarers Act Promote high operational standards of claims management and effective rehabilitation procedures by employers Co-operate with other bodies and people, aiming to reduce the incidence of injuries to employees Publish material relating to its functions Advise the relevant Minister regarding our functions and powers, and other matters relating to the compensation and rehabilitation of employees Under the OHS(MI) Act, the Seacare Authority's functions are: Work to ensure that the obligations imposed by the OHS(MI) Act and associated regulations are complied with Advise operators, employers and contractors on occupational health and safety matters. Collect, interpret and report information relating to occupational health and safety Formulate policies and strategies relating to the occupational health and safety of employees Accredit OHS training courses for the purposes of section 47 of the OHS(MI) Act Liaise with other bodies concerned with occupational health and safety Advise the relevant Minister on the performance of the above functions

Office of the Federal Safety Commissioner

Overview​

The Office of the Federal Safety Commissioner (OFSC) is part of the Department of Employment and Workplace Relations. The OFSC aims to promote and improve WHS in the Australian building and construction industry through the management of the Work Health and Safety Accreditation Scheme (the Scheme) and support for the Federal Safety Commissioner (FSC). The FSC works with industry and government stakeholders towards achieving the highest possible work health and safety standards on Australian building and construction projects. The Scheme requires building and construction companies to adhere to a range of operational and reporting practices to improve site safety. Subject to certain financial thresholds, only builders that are accredited under the Scheme can enter into head contracts for building work that is funded by the Australian Government. This enables the Australian Government to use its influence as a major construction client and provider of capital to improve the WHS performance of the industry.