A dramatic decline in complaints about the Office of the Fair Work Ombudsman, from 665 complaints in 2007–08 to 65 in 2008–09, can largely be attributed to the emphasis it places on best practice and continual improvement.

Acting Commonwealth Ombudsman Mr Ron Brent today applauded the agency’s policies and procedures for managing investigations, which he said are in line with the Administrative Review Council’s (ARC) 20 best practice principles for the exercise of coercive information-gathering powers.

‘My office is concerned that agencies which investigate claims and exercise certain powers do so fairly and consistency,’ Mr Brent said. ‘The ARC’s principles—which are based on the administrative law values of fairness, lawfulness, rationality, transparency and efficiency—set the standards that all agencies should strive to achieve.

‘This can be particularly challenging for large, geographically dispersed agencies, but the Fair Work Ombudsman is providing a sound example for others to follow, even with its 800 staff spread across the country in 26 offices.’

Mr Brent said that the Commonwealth Ombudsman’s interest in coercive powers related to the impact their exercise could have on the rights of the public, and the handling of private information and sensitive issues such as the alleged non-payment of an entitlement or possible breach of an award.

‘The Office of the Fair Work Ombudsman is to be commended for seeking to achieve a complex remit of promoting harmonious, productive and cooperative workplace relations while ensuring compliance with relevant workplace laws.

‘Some of the ways in which the agency demonstrates this include its effort to educate the public about what it does, processes for encouraging employers and employees to try to resolve claims informally, procedures for recording the rationale for decisions, and the regular conduct of internal audits and reviews of compliance functions,’ he said.

Mr Brent recognised the proactive approach taken by the Fair Work Ombudsman to identify and address issues with its work practices, but said that there were always opportunities for agencies to further develop and improve systems and procedures. He recommended that the Fair Work Ombudsman consider improvements to:

The Fair Work Ombudsman’s office is already implementing most of the recommendations.

Download the report: Report 09|2010 — Fair Work Ombudsman: exercise of coercive information-gathering powers, June 2010

Date of release: 15 June 2010

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      15 Jun 2010: Top marks for Fair Work Ombudsman

      A dramatic decline in complaints about the Office of the Fair Work Ombudsman, from 665 complaints in 2007–08 to 65 in 2008–09, can largely be attributed to the emphasis it places on best practice and continual improvement.

      Acting Commonwealth Ombudsman Mr Ron Brent today applauded the agency’s policies and procedures for managing investigations, which he said are in line with the Administrative Review Council’s (ARC) 20 best practice principles for the exercise of coercive information-gathering powers.

      ‘My office is concerned that agencies which investigate claims and exercise certain powers do so fairly and consistency,’ Mr Brent said. ‘The ARC’s principles—which are based on the administrative law values of fairness, lawfulness, rationality, transparency and efficiency—set the standards that all agencies should strive to achieve.

      ‘This can be particularly challenging for large, geographically dispersed agencies, but the Fair Work Ombudsman is providing a sound example for others to follow, even with its 800 staff spread across the country in 26 offices.’

      Mr Brent said that the Commonwealth Ombudsman’s interest in coercive powers related to the impact their exercise could have on the rights of the public, and the handling of private information and sensitive issues such as the alleged non-payment of an entitlement or possible breach of an award.

      ‘The Office of the Fair Work Ombudsman is to be commended for seeking to achieve a complex remit of promoting harmonious, productive and cooperative workplace relations while ensuring compliance with relevant workplace laws.

      ‘Some of the ways in which the agency demonstrates this include its effort to educate the public about what it does, processes for encouraging employers and employees to try to resolve claims informally, procedures for recording the rationale for decisions, and the regular conduct of internal audits and reviews of compliance functions,’ he said.

      Mr Brent recognised the proactive approach taken by the Fair Work Ombudsman to identify and address issues with its work practices, but said that there were always opportunities for agencies to further develop and improve systems and procedures. He recommended that the Fair Work Ombudsman consider improvements to:

      • notices issued to employers before an investigation
      • guidance regarding the type and volume of document requests
      • guidance for determining the time frame for compliance with notices
      • the type of information provided to interviewees before and during an interview
      • internal service standards for liaison with employers who are the subject of a claim.

      The Fair Work Ombudsman’s office is already implementing most of the recommendations.

      Download the report: Report 09|2010 — Fair Work Ombudsman: exercise of coercive information-gathering powers, June 2010

      Date of release: 15 June 2010