Abstract
As the regulator established to promote, monitor and enforce compliance with the Fair Work Act 2009 (Cth) (FW Act), the Fair Work Ombudsman (FWO) plays a critical role in testing and clarifying the application of the FW Act and taking steps to ensure the integrity of the Australian workplace relations framework. The FWO engages in a wide range of activities designed to achieve these aims. An important function includes commencing civil litigations. The FWO litigates for a range of reasons, but primarily to achieve deterrence. However, many cases brought by the FWO on new and emerging issues have also shaped areas of workplace relations law and contribute to wider compliance by the regulated community more broadly. This article explores and highlights some examples of the way the FWO has addressed emerging enforcement challenges and shaped and tested the law through litigation. These include matters relating to accessorial liability; the general protections under Part 3-1 of the FW Act; and obtaining a wider range of orders in compliance proceedings.
Published Version
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