Responsibility: Australian Government
Response: Accept
Status: Completed
What has been achieved to date
The Fair Work Ombudsman’s (FWO’s) statutory functions allow for matters relating to potential contraventions of the Fair Work Act 2009 (Fair Work Act) and involving an employee with a disability to be referred back to the FWO by relevant authorities.
In September 2023, the FWO entered into administrative arrangements with the Australian Human Rights Commission (AHRC) and the Fair Work Commission (FWC) to facilitate referrals of unresolved matters involving allegations of serious and/or systemic disability discrimination and certain other unlawful conduct under the Fair Work Act, to the FWO for potential investigation and enforcement action.
Where the AHRC or FWC assesses that an unresolved matter is within scope of the arrangements, they will provide the complainant with information to assist in deciding whether to refer their matter. The scope of the arrangements includes matters that were initially referred by the FWO to the AHRC or FWC.
Together with the FWC and the AHRC, the FWO reviews the arrangements on a periodic basis to ensure they are operating efficiently and effectively under the existing regulatory frameworks.
What the Disability Royal Commission said in the final report
The Australian Government should expand the functions of the Fair Work Ombudsman to allow a matter involving an employee with disability to be referred back to the Fair Work Ombudsman by relevant authorities if they:
- consider a complaint may be best addressed by the Fair Work Ombudsman
- have the complainant’s consent to do so.
The referral mechanism should be available in instances where a matter was initially referred by the Fair Work Ombudsman to a relevant authority.
Australian Government Response July 2024
The Fair Work Ombudsman’s (FWO) existing statutory functions allow for matters relating to potential contraventions of the Fair Work Act 2009 (Fair Work Act), and involving an employee with disability, to be referred back to the FWO by relevant authorities.
Following Public Hearing 19 of the Disability Royal Commission, in September 2023 the FWO entered into formal arrangements with the Australian Human Rights Commission (AHRC) and the Fair Work Commission (FWC) to facilitate referrals of unresolved matters involving allegations of serious and/or systemic disability discrimination and certain other unlawful conduct under the Fair Work Act, to the FWO for potential investigation and enforcement action.
Where the AHRC or FWC assesses that an unresolved matter is within scope of the arrangements, they will provide the complainant with information to assist in deciding whether to refer their matter. The scope of the arrangements include, matters that were initially referred by the FWO to the AHRC or FWC.
The agencies will review the arrangements on a periodic basis to ensure they are operating efficiently and effectively under the existing regulatory frameworks.
More recommendations
View progress on other recommendations made by the Royal Commission.