Role and Effectiveness of Fair Work Ombudsman in Australian Employment Relations

This paper explores the role and effectiveness of Fair Work Ombudsman in Australian employment relations. It discusses how the organization ensures workplace compliance, investigates complaints, and promotes harmonious workplaces. The effectiveness of the organization is assessed based on its ability to resolve disputes, implement guidelines and policies, achieve its objectives, and conduct campaigns to create awareness on workplace laws.

Running head: EMPLOYMENT RELATIONS 1
Employment Relations
Student Name
Institution

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Introduction
Australian employment relation is a tricky sector that requires proper regulation that
ensures workplace laws are maintained and are adhered to. Fair Work Ombudsman is a critical
organization within the Australia workplace since the organization assist in monitoring and
enforcing workplace laws. Fair Work Ombudsman ensures and regulates the implementation of
best workplace practices that include fair treatment of employee by employers. In event of
conflict between employee and employer the Fair Work Ombudsman launch investigation and
arbitrate to find a lasting solution to the conflict. In addition, the organization help in negotiating
trade deals between employees and various key stakeholders within the Australian workplace so
as to enforce the workplace laws. Complainants are also investigated by the organization through
carrying out workplace audit on the company or industry where there is complains. Upon finding
the problem or source of conflict, the organization through its tribunal enforces the penalty on
the party found breaching the laws and awards the victim. The following paper, therefore,
explores the role of Fair Work Ombudsman and its effectiveness in Australian system of
employment relations.
Fair Work Ombudsman is a body that ensures workplace compliance and advisory
functions set out in the FW Act. Fair Work Ombudsman is a task of the act to investigate and
workplace complains and enforces workplace laws. Fair Work Ombudsman is litigating to
enforce workplace laws and workplace best practices. Fair Work Ombudsman works together
with Fair Work Commission to foster good working environment within Australian workplace
through arbitration and workplace laws monitoring.

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Roles of Fair Work Ombudsman
Fair Work Ombudsman plays an important role in Australian employment and
workplace. The role of Fair Work Ombudsman needs thorough consideration of the central
position held within the Australian workplace.
Firstly, Fair Work Ombudsman help employers, constructors and companies comply and
understand Australia's workplace laws. It is the role of the organization to regulate the
compliance with workplace laws. Within this role, the organization ensures that any complains
especially about the compliance to workplace laws are dealt with according to the laws. The Fair
Work Ombudsman tribunal offers the necessary advice to various employers within the
Australian workplace. Fair Work Ombudsman monitor compliance through conducting a self-
audit based on the employer’s checklist self-audit developed according to national workplace
rules. The organization ensures national workplace rules are adhered to and workplace guidelines
are fully implemented within the employment organization (NSW Ombudsman, 2004).
Secondly, Fair Work Ombudsman provides information and advice to employers on
matters with the workplace. FWO normally provides the workplace advice on employment laws
and employment relations that may affect the terms of employment and remuneration of
employees. In the provision of advice to employers, the FWO offer a single point of contact for
employee and advice on labor relations in Australia. In addition, Fair Work Ombudsman help
small and medium businesses implements workplace initiatives accepted practices without the
bridge of workplace laws. This implies Fair Work Ombudsman ensures employees and
employers have a good working relationship in a happy and productive environment
(Wolgemuth, 2010).

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Thirdly, Fair Work Ombudsman investigates workplace complaints in the bead to help
settle a dispute between employees and employers. In the event of workplace complains
especially about the bridge of workplace laws, the organization investigate complains that are
lodged. The organization also investigates awards and possible agreement between parties within
the Australia workplace. Fair Work Ombudsman tribunal is a task to investigate and settle a
dispute between parties within the workplace. The Fair Work Ombudsman tribunal provides
various guidelines that assist employers and employees deal with complaints while the Fair
Work Ombudsman itself acts as arbitrator. Fair Work Commission work in hand with Fair Work
Ombudsman to ensure that complains are herd and settle fairly. Moreover, Fair Work
Ombudsman enforces the penalty on offenders and awards those that breach workplace laws
(Lam & Lau, 2012).
Fourthly, Fair Work Ombudsman enforces Commonwealth workplace laws through the
organization’s tribunal. The organization monitors the adherence to rule of laws especially those
workplace laws according to Commonwealth laws. The organization also educates employers
and employees on the Commonwealth laws and their importance at workplace. To do this
effectively, Fair Work Ombudsman has online platform that provides guidelines and procedures
for public use.
Finally, the Fair Work Ombudsman promotes harmonious, productive and cooperative
workplaces. The organization litigates on various laws that aims to promote the harmonious
working environment. To fully carry out this role, the organization seeks to prevent people from
committing workplace wrongs and litigates any workplace wrongs. Moreover, the Fair Work
Ombudsman promotes productive workplace environment based on workplace laws. It also the
role of Fair Work Ombudsman to create a cooperative workplace that is within the confines of

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workplace laws. Furthermore, Fair Work Ombudsman ensures there is a good working
relationship between companies, unions and other stakeholders within the Australian workplace
(Sias et al., 2011).
The effectiveness of Fair Work Ombudsman
There are various criteria that are used to assess the effectiveness Fair Work Ombudsman
within the Australian workplace. The effectiveness of Fair Work Ombudsman is based on laws
used to settle disputes, implements guidelines and policies, achievement of the organization and
various activities that facilitate fair working environment.
The effectiveness of Fair Work Ombudsman is based on the organization’s ability to
resolve disputes. As the role of Fair Work Ombudsman, the organization litigates various
disputes between employers and employee. This dispute resolution determines the effectiveness
Fair Work Ombudsman since its ability to resolve these conflicts based on Australian workplace
laws. The organization negotiates the outcome of every conflict and assists parties to settle
disputes between themselves. In addition, as an arbitrator, the Fair Work Ombudsman is
effective in ensuring policies used in settling disputes and follows guidelines in settling disputes.
One way the organization has been effective in carrying out formal workplace audit and
investigation to reach conflict resolution. Fair Work Ombudsman offers conflict resolution based
its area of jurisdiction and formulates steps used in the resolution of conflict (Administrative
Review Council, 2008).
Another way of assessing the effectiveness of Fair Work Ombudsman is based on the
ability of the Fair Work Ombudsman to implements guidelines and policies in the workplace.
The organization has various guidelines that assist the organization to work effectively. The

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organization has disputes resolution policies and guidelines. Fair Work Ombudsman has various
policies that have been on the forefront in dispute resolution. According to Howe and Tess
(2012), the organization has been effective in the utilization of police frameworks during settle
of disputes between various individuals in the Australian workplace. In addition, the
organization has been effective in litigation of various disputes within the workplace. The Fair
Work Ombudsman has been effective in implementing guidelines and procedures in the
workplace (Lee, 2005).
The effectiveness of Fair Work Ombudsman is also assessed based on achievement of the
organization in the Australian workplace. Firstly, the Fair Work Ombudsman has been effective
in settling of disputes between employers and employees. The organization has been effective in
negotiations between dispute parties within the workplace. Secondly, the organization also has
been effective in monitoring the relationship between unions and various stakeholders within the
Australian workplace. Moreover, Fair Work Ombudsman connects various stakeholders and Fair
Work Commission in order to bring harmony in the workplace. The organization has been
effective in connecting all these key players in the workplace based on workplace laws and
procedures (Fair Work Ombudsman, 2018).
The effectiveness of Fair Work Ombudsman is also connected to various activities that
facilitate fair working environment. The organization has been on the forefront conducting
campaigns activities that inform employers and stakeholders on the importance of complying
with workplace laws and commonwealth laws. Campaign activities normally run nationally,
regionally or state-based and the scope of the activity is based on the specific target group. In
addition, the organization relies on workplace audit to conduct campaigns with major focus
employers. The Fair Work Ombudsman also use company records to support its activities in the

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workplace and this help in organization’s campaigns. Moreover, the organization effectiveness is
also witnessed through campaigns conducted on media to facilitate the awareness of workplace
laws and policies (Fair Work Ombudsman, 2014).
Rebuttal
Despite the effectiveness of Fair Work Ombudsman in conflict resolution and other
activities, the organization also has weaknesses. Fair Work Ombudsman is sometimes facing
conflict due to conflict between the organization and Fair Work Ombudsman or lack of
jurisdiction for particular conflicts. For instance, conflict between Fair Work Ombudsman and
Fair Work Commission that result in area of jurisdiction. This weakens the ability of the
organization to arbitrate on conflict between Fair Work Ombudsman and other stakeholder
within Australia workplace.
Conclusion
In conclusion, Fair Work Ombudsman plays an important role within the Australian
workplace. Fair Work Ombudsman acts as an arbitrator that solves conflict arising at workplace
between two or more parties. Some of the roles that Fair Work Ombudsman play include solving
the conflict, enforcing workplace laws, advising employers and linking Fair Work Commission
and various stakeholders such as unions and employees within Australia. The effectiveness of
Fair Work Ombudsman is assessed based on the organization's ability to solve the conflict,
implement guideline and workplace best practices, and various campaign activities aiming to
create awareness on workplace laws.

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Reference
Administrative Review Council, (May 2008). The Coercive Information-Gathering Powers of
Government Agencies, Report no. 48.
Commonwealth Ombudsman, Fair Work Ombudsman: Exercise of Coercive Information-
Gathering Powers, Report no. 09-2010, June 2010.
Fair Work Ombudsman, (2018). Effective dispute resolution: Page reference No: 2386, available
at https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/best-practice-
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Fair Work Ombudsman, (2014). Audits and campaigns, archived from the original, available at
https://web.archive.org/web/20140222103532/http://www.fairwork.gov.au/about-us/
audits-and-campaigns/pages/default.aspx [Retrieved on 22 February 2014]
Howe, J. & Tess, H. (2012). The Use of Enforceable Undertakings as a Strategic Labour Law
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Lam, L.W. & Lau, D.C. (2012). Feeling lonely at work: investigating the consequences of
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Lee, H.E. (2005). Exploration of the Relationship Between Friendship at Work and Job
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Wolgemuth, L. (2010). Be Wary About Chancing a Workplace Romance. U.S. News & World
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Victorian Ombudsman, (2007). Conflict of Interest – Victorian Ombudsman’s Concerns, October
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Independent Commission Against Corruption and Crime and Misconduct Commission,
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