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The Workplace Ombudsmen's Workplace Inspectors can enter your workplace at any time to inspect your workplace and investigate employees' entitlements. Are you prepared?
From 1 July 2008, The Workplace Ombudsman took on nationwide responsibility for the protection and enforcement of the rights of workers and employers under Australia's workplace relations laws. The Workplace Ombudsman is an independent Commonwealth body responsible for compliance with Commonwealth workplace relations laws.
The Workplace Ombudsman appoints Workplace Inspectors whose job it is to ensure compliance with workplace rights and obligations. All Workplace Inspectors are issued with identity cards which you can ask to view.
Inspectors are empowered to investigate and enforce compliance with Commonwealth workplace relations laws and might ask to see pay slips and time and wages records or investigate entitlements and provisions to ensure employees are being paid their correct entitlements. Workplace Inspectors have the right to enter workplaces and at any time during ordinary working hours or at any other time at which it is necessary in order to:
- inspect any work, material, machinery, appliance, article or facility
- take samples of any goods or substances and interview any person
- require a person having the custody of, or access to, a document relevant to that purpose to produce the document to the inspector within a specified period
Businesses are inspected under the following circumstances:
- An employee has made a complaint and an investigation occurs
- The workplace inspector randomly targets a geographical area and randomly chooses businesses in that area
- A targeted campaign is mounted by the Ombudsmen in an industry.
This month, in the lead-up to Christmas, the food services industries have been targeted. The latest campaign comes hot on the heels of a concerted effort to ensure compliance within the hospitality sector. The Workplace Ombudsman last month turned the spotlight on pubs, bars, clubs, taverns, restaurants and hotels.
There are substantial penalties to employers found in breach of workplace rights and rules with individual small businesses paying a minimum of $12,000 in penalties, but on average around $30,000 in penalties.
If you have any concerns about employment conditions for your staff or are unsure about what record keeping you require please contact Your HRmanager via email or give us a call on (02) 9415 3561. |