Get our help with your workplace issue

Find out about how we can assist you in your workplace dispute.

On this page:

Our role in workplace issues

As the Fair Work Ombudsman, we:

  • monitor compliance with the Fair Work Act
  • guide parties to resolve their workplace issues through dispute assistance
  • investigate and inquire into alleged breaches of the Fair Work Act
  • take enforcement action when appropriate.

We're independent and impartial, which means we don't represent you or advocate on your behalf.

We can help with

We can help with issues relating to minimum entitlements under the Fair Work Act, an award or an enterprise agreement.

This includes issues about:

  • underpayments
  • pay rates
  • leave entitlements
  • notice of termination
  • redundancy
  • general employment conditions under these instruments
  • breaches of the National Employment Standards (NES).

We can't help with

We can't help with issues that are outside of our jurisdiction.

These include issues about:

Our decision about taking enforcement action are guided by our Compliance and Enforcement Policy Compliance and Enforcement Policy.

Before we get involved

Many workplace problems can be resolved quickly and easily without our help, even if an employee has left their job.

We encourage employers and employees to work together to try and resolve problems before we get involved. To find out how, visit Raising your problems in the workplace.

What happens when you ask for our help

Once you’ve asked for our help, we will review the information you provide and decide what action, if any, we will take. Learn more about how to get in touch on our Contact us page.

We are guided by the following factors when making our decision:

Based on our initial assessment of your situation and the information you provide, we may refer you to our Dispute Assistance service.

Dispute Assistance service

Our Dispute Assistance service is a fast and no-cost way for employers and employees to resolve their issues with the help of a Fair Work Ombudsman Officer (FWO Officer). Our officers are experts in workplace relations and their role is to help both parties understand the law, communicate and make informed choices.

Most people who ask us for help can resolve their dispute through this service. It usually takes about 2 to 4 weeks.

When you ask for our help with your dispute, one of our officers will contact you to discuss your issue and confirm the details of your request for assistance. Based on the information you provide, they’ll guide you through our Dispute Assistance service.

You can nominate a third party to act on your behalf, such as a parent or a bookkeeper, but most cases are resolved quickest when we speak directly to those affected.

The FWO Officer will help both parties choose how they will handle the dispute. If the parties can’t resolve their dispute, or if they don’t want to accept our assistance, the Officer will provide advice on potential options outside of the FWO.

Tip

Disputes usually occur because people don’t know what the law is, or communication has broken down.

In most cases, once both parties understand their minimum entitlements or obligations, the issue can be resolved quickly without any further action being taken.

Our Dispute Assistance service doesn’t guarantee an outcome and any proposed resolutions don’t have to be agreed to by either party. The information we provide is not legal advice. Find out more about accessing legal advice on our Legal help page.

We choose when and how to use our investigative powers as outlined in our Compliance and Enforcement Policy Compliance and Enforcement Policy.

Example: Parties resolving their workplace issue through Dispute Assistance

Tom is a full-time employee who has worked for their employer, Maya, for 3 years. Tom decides to resign from their job without providing enough notice.

After their employment ends, Maya doesn’t pay out Tom’s remaining unused annual leave. Tom contacts Maya about the issue and she says she’s withholding payment because Tom didn’t provide enough notice.

Tom contacts us. He uses the advice, tools, and resources we provide to help him discuss the issues directly with Maya. Then, Tom chooses to ask us to help with his dispute. Based on this request, Tom is offered our Dispute Assistance service.

The FWO Officer contacts Tom to confirm the details of the issue he is asking for our help with, explains what the Dispute Assistance service involves and confirms Tom is happy for the FWO office to contact Maya and invite her to participate.

With both parties accepting our assistance, the FWO Officer works with both Tom and Maya separately by tailoring advice and education to ensure everyone understands that all unused annual leave needs to be paid and can’t be withheld when employment ends.

Once the parties have a better understanding of the issues and workplace laws, the FWO Officer assists Tom and Maya with exploring how they could resolve their dispute.

Maya agrees to pay the remaining unused annual leave to Tom. Tom receives payment the following day and both are satisfied with the outcome and the service provided.

Ways to ask for our help

The easiest way to request our assistance is to Contact us. If you submit an online enquiry, we may still call you to clarify the information you have provided.

When you contact us, a trained adviser will ask you some preliminary questions to ensure the workplace problem is something we can look into and to understand what steps you have already taken to address any problems yourself.

Tools and resources

Related information

Help for small business