Attributable to a Fair Work Ombudsman spokesperson
The Fair Work Ombudsman (FWO) is aware of work stoppages and rallies planned to take place this week. The FWO encourages employers and employees to have discussions ahead of these stoppages and rallies, including on whether employees might intend to use any available leave while absent from work.
The FWO takes this opportunity to remind employees, employers and registered organisations of their obligations under the Fair Work Act (the Act) and that as a part of the FWO's functions under the Act, the FWO monitors and investigates potential non-compliance with Commonwealth workplace laws.
This includes allegations of:
- people engaging in or organising unprotected industrial action, or
- employers breaching their obligations around employee rights and protections, including not paying their employees in accordance with an existing enterprise agreement that applies to them and their employees.
Please be aware that if an employee fails to attend the workplace or stops work without authorisation from their employer, this conduct may be unprotected industrial action in contravention of the Act. Any person "knowingly involved" in a contravention of the Act is also taken to have contravened that provision.
