Fair Work Wage Theft

Fair Work wage theft enforcement is widely misunderstood, mostly about who does what.

The Fair Work Ombudsman investigates and can take civil action, including compliance notices, enforceable undertakings and litigation. On the criminal side its role is to refer conduct for possible criminal prosecution. It does not run the prosecution itself.

That distinction matters for two reasons. It explains why the mechanisms available to employers are framed as stopping a referral rather than stopping a prosecution. And it means the referral itself is a decision point at which the regulator’s view of your conduct carries real weight.

Cooperating with an inquiry or investigation is one of the factors the regulator weighs when it looks at conduct, which is a practical reason to engage early rather than late.

The Fair Work Ombudsman explains its enforcement role. This is general information rather than legal advice, and obligations vary by state and territory.

See Sentrient’s wage theft webinar and GRC system.