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ARTICLE · 06 AUGUST 2024

Could your organisation be at risk of underpaying its staff?

Holding Redlich
Holding Redlich
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For large scale underpayments, the FWO will encourage the employer to accept an Enforceable Undertaking.

AustraliaEmployment and HR
Charles Power
Charles Power
Virginia Liu
Virginia Liu
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In recent years, many of Australia's large employers have been the subject of scrutiny by the Fair Work Ombudsman (FWO). The FWO is responsible for monitoring compliance with the Fair Work Act 2009 (Cth) and the instruments made under that Act. Many of the investigations and prosecutions initiated by the FWO were the result of voluntary disclosures of significant underpayment of wages and other monetary entitlements.

The FWO has stated that voluntary disclosure is likely to reduce the prospects of enforcement action being taken in respect of underpayments. Aside from "isolated payroll errors resulting in underpayments over 12 months or less", the FWO encourages self-reporting to 'justify' the FWO's use of non-litigious and non-punitive compliance tools to resolve the matter.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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