I have used this department and found it as frustrating to deal with as workcover themselves. There never seems to be an outcome, one even said that she didnt have the resources to even respond to my complaint and they all cried "Its not my jurisdiction"!
Beware: These guys are also funded by Government and dont forget they stick together!
Dont expect them to actually do anything about your complaints you will probably be wasting your time but, give it a go you might get lucky!
The following is taken from the The Workplace Ombudsman 's handout; Protecting your workplace rights.
Who are we?
The Office of the Workplace Ombudsman (the “Workplace Ombudsman”) is a new independent Commonwealth agency responsible for compliance with federal workplace law. (How can you be independent and a commonwealth agency?)
We incorporate and build on the work and services previously undertaken by the Office of Workplace Services (OWS).
The “Workplace Ombudsman” is Mr Nicholas Wilson, a statutory appointee under the Workplace Relations Act 1996 (the Act), who is supported by a statutory agency of Workplace Inspectors and other staff assisting with performance of specific workplace compliance functions set out in the Act.
What do we do?
The role of the Workplace Ombudsman is to impartially assist and enforce compliance with Commonwealth workplace laws including the Workplace Relations Act 1996, the Independent Contractors Act 2006 and associated regulations.
The Workplace Ombudsman, his Office and his Inspectors provide the following services to workers and employers in Australia: assist workers and employers to understand their rights and obligations under federal workplace law; promote and monitor compliance with federal workplace law, including by providing assistance and advice and disseminating information; investigate complaints or suspected contraventions of federal workplace law; inquire into any act or practice that may be contrary to federal workplace law; institute proceedings to enforce federal workplace law; represent workers who are, or might become, a party to proceedings under the Workplace Relations Act 1996.
How do we do it?
The Workplace Ombudsman appoints Workplace Inspectors empowered to investigate and enforce compliance with Commonwealth workplace laws, including: provisions of the Workplace Relations Act 1996 and the Workplace Relations Regulations 2006, including but not limited to:
pay slip and time and wages record-keeping requirements; freedom of association; right of entry by unions; post-termination entitlements; coercion in agreement-making; transmission of business; and sham contracting arrangements; in respect of agreements which have failed the Fairness Test for Australian Workplace Agreements lodged with the Workplace Authority on or after 7 May 2007, recovering any outstanding entitlements on behalf of employees and ensuring that they are paid their correct entitlements going forward in their employment relationship;
provisions of the Independent Contractors Act 2006 regarding prohibited conduct in relation to reform opt-in agreements;
To request assistance from the Workplace Ombudsman call the Workplace Ombudsman Help Lineon 1300 724 200.
Do you believe that your workplace rights and obligations are not being upheld?
Australian Government Workplace Ombudsman
Protecting your workplace rights. the Australian Fair Pay and Conditions Standard, including
minimum pay and conditions of employment; a workplace agreement (including pre-reform
certified agreements or pre-reform Australian Workplace Agreements); a federal award; an order of the Australian Industrial Relations Commission;and meal break, public holiday
and/or parental leave entitlements.
The work of the Inspectors may be in response to an individual complaint or allegation, or
part of wider audit campaigns.Inspectors thoroughly and impartially investigate all complaints
and work with the parties for voluntary resolution of issues.
If a breach of workplace law is identified, Inspectors may issue a “breach notice” (fix within a
set time) or, for breaches of pay slip and record-keeping requirements, issue an “infringement”
(on the spot fine) notice to an employer. In cases where the alleged breach is serious, wilful or repeat in nature, legal action may be initiated by the Workplace Ombudsman to recover
entitlements and/or seek penalties via the courts if appropriate.
When should you ask the Workplace Ombudsman for help?
If you believe that your workplace rights and obligations are not being upheld you should ask
for help from the Workplace Ombudsman. You can lodge a formal complaint to have your matter investigated, check progress with an existing complaint, or report an alleged breach of a federal workplace law.
Get fact sheets, templates, guides on workplace compliance and tools for business at http://www.wo.gov.au/ Contact the Translating and Interpreting Service (TIS) on 131 450
for the cost of a local call 24 hours a day 7 days a week if you need help communicating in English. Last updated: 1 July 2007
This information has been provided by the Workplace Ombudsman office as general guidance and should not be treated as advice on the circumstance of any particular case. If this document does not fully cover your circumstances you may wish to obtain your own legal advice or other expert assistance relevant to your particular situation.
The relevant law is set out in the Workplace Relations Act 1996 and the Workplace Relations Regulations 2006.
The Workplace Ombudsman General workplace relations information.
The Workplace Authority provides free information and advice on all workplace relations matters. You can call the Workplace Infoline for information on minimum pay and conditions
of employment, and advice on negotiating and lodging workplace agreements.
The Workplace Authority is also responsible for accepting the lodgement of workplace agreements and conducting the fairness test. The Workplace Authority can refer matters to the Workplace Ombudsman for investigation. Contact the Workplace Infoline on 1300 363 264 or visit http://www.workplace.gov.au/
How do you contact the Workplace Ombudsman?
Over the telephone - call the Workplace Ombudsman Help Line on 1300 724 200 to lodge a
complaint for the cost of a local call.
Over the internet - visit our website at www.wo.gov.au to lodge a complaint online, use our
“Live Help” secure online chat link to an adviser and access a range of information resources.
By email - via a special “Contact Us” email form available at www.wo.gov.au.
By post - address your letter to the Workplace Ombudsman at GPO Box 9887 in your capital city. In person - visit one of our offices located in each capital city and in 18 regional areas across the country. Find your nearest office at http://www.wo.gov.au/.
No comments:
Post a Comment