More than 90,000 tips to Fair Work have been received since the launch of the tool in 2016 leading to an increase in enforcement activity, prosecution and the recovery of wages and entitlements for underpaid staff.
In 2016, the Fair Work Ombudsman launched the Anonymous Report Tool which allows any person to raise concerns about the compliance of a business. In its short time of operation, the Tool has generated more than 90,000 tips, all resulting in further investigations, with prosecutions and enforcement activity taken where appropriate.
In 2021-2022 13,000 tips were received, with most in the hospitality and retail industry, with the most common issues reported as being working excessive hours without payment, being paid ‘cash in hand’, or being paid less than the Award.
The Fair Work Ombudsman encourages reporting of non-compliant businesses, either identified or though the Anonymous Report Tool.
“The Fair Work Ombudsman uses intelligence from tip-offs to help gain insight into Australian workplaces, shape our education materials and inform compliance activities”, outlined the Ombudsman Ms Parker.
“They are a vital tool in helping us monitor for workplace breaches and take targeted action where needed”.
“We encourage anyone – worker, manager, family member or member of the public – to use out Anonymous Report tool to share concerns”, concluded the Ombudsman.
Making a Tip
Anonymous tip-offs to the FWO can be made in English or one of 16 other languages at www.fairwork.gov.au/tipoff.
When sending an anonymous tip-off, the FWO recommends you include, where possible:
- The relevant business’ Australian Business Number (ABN) – a unique 11-digit number, which should be displayed on pay slips.
- Workplace address – including where the work is being performed and not just any head office.
- Franchise status – for example, if the business is part of a franchise.
- Industry – such as if the business is in the hospitality or retail industry.
- Employee information – for example, if employees are casuals or permanent.
The FWO welcomes all tip-offs relating to concerns of wages and entitlements breaches. Including more specific information helps ensure the FWO can use your tip-off the most effectively.
Learnings for business
“It should come as no surprise to business operators that the Fair Work Ombudsman is actively pursuing all concerns about the underpayment of wages and entitlements”, explains ACAPMA’s Elisha Radwanowski.
“While the Ombudsman will positively engage with businesses over minor errors that occur due to complexity, there is no tolerance for underpayments, and issues of a systemic nature, even those that come from ignorance, are likely to result in enforcement action”.
“Ignorance is far from bliss. If you are operating a business, or processing payroll it is your responsibility to educate yourself on the minimum requirements for your industry, then to continually ensure you are meeting them”, continued Elisha.
“If you are not sure, ask for help. The Fair Work Ombudsman can provide some general guidance, and specialised employer organisations, Fair Work Registered Industry Associations, are able to provide industry specific advice and guidance to assist businesses in ensuring compliance”.
“The FWO has placed all businesses on notice that they need to be pro-active in ensuring there are no mistakes in their systems. ‘I didn’t know’ is not a reasonable excuse for breaches. It is the job of all employers to understand the requirements, understand that systems have failure points and mistakes are made and then ensure that they are reviewing their systems and their outputs to ensure they are compliant. Any business failing to do this will face the full force of the FWO”, concluded Elisha.
ACAPMA Members are reminded that they can access detailed Assisted Compliance Audits where employment professionals with industry specific experience review systems and outputs and actively work with the business to identify and correct any issues with template and customised documents, resources and support. For more on the ACAPMA Assisted Compliance Audits, see https://acapma.com.au/our-services/compliance-and-auditing/ or email employment@acapma.com.au.
Here to help
ACAPMA members are reminded that ACAPMA has a series of resources from Quick Reference Guides to template letters and investigation and reporting checklists that can assist with ensuring compliant and consistent responses in this area, and can call on the advice and support of the ACAPMA Employment Professionals via employment@acapma.com.au.
HR Highlights are things to consider, implement and watch out for in your business.
They are provided as general advice and you should seek further advice on your situation by emailing employment@acapma.com.au, it’s free for members.
ACAPMA Membership is affordable at only $810 per year for a single site and valuable with sites gaining HR advice support and representation as well as a raft of other benefits and discounts. Click here to learn more about ACAPMA Membership.
Elisha Radwanowski BCom (HRM&IR)
Executive Manager Employment and Training
ACAPMA
Source: https://acapmag.com.au/2022/12/anonymous-tips-lead-to-increased-fair-work-action-in-retail/.
