Enforcement of the Fair Work Act 2009 (Cth) (FW Act), and instruments made under it such as modern awards and enterprise agreements, is primarily the responsibility of the Office of the Fair Work Ombudsman (FWO). The FWO acts mainly on the basis of complaints made by employees.

Importantly, however, employees, employers and organisations (eg unions and employer organisations) also have the capacity to enforce federal workplace relations laws.

Part 4-1 of the FW Act deals with the enforcement of what are known as “civil remedy provisions” of the legislation. Applications may be made to specified federal, state and territory courts for orders to address alleged contraventions of civil remedy provisions. These orders may include injunctions, orders for compensation or reinstatement, and the imposition of financial penalties.

Various other enforcement options are available to the FWO, in addition to bringing court proceedings against an alleged wrongdoer, including issuing compliance notices or infringement notices, or entering into enforceable undertakings.

See Enforcement of Federal Workplace Relations Laws.