Commonwealth Consolidated Regulations

FAIR WORK REGULATIONS 2009 - SCHEDULE 5.3

Note:   See regulation   5.08.

Form 1 -- FWO notice to give information

COMMONWEALTH OF AUSTRALIA

Fair Work Act 2009

NOTICE ISSUED TO     [ name ]

FWO NOTICE TO GIVE INFORMATION

I, [ name ], a nominated ART President or Deputy President, acting under subsection   712AB(1) of the Fair Work Act 2009 , require you to give the information specified in Part   1 of the Schedule to this notice.

The information is relevant to an investigation by an inspector into a suspected contravention of a provision of the Fair Work Act 2009 , a fair work instrument or a safety net contractual entitlement that relates, directly or indirectly, to:

• the underpayment of wages, or other monetary entitlements, of employees; or
• the unreasonable deduction of amounts from amounts owed to employees; or
• the placing of unreasonable requirements on employees to spend or pay amounts paid, or payable, to employees; or
• the unfair dismissal of an employee; or
• the bullying of a worker at work; or
• the unlawful discrimination of a person in relation to employment; or
• a contravention of a provision of the National Employment Standards; or
• the coercion of an employee by an employer.

Note:   The details relating to the investigation are specified in Parts   2 to 5 of the Schedule to this notice.

The information is to be given to [ the Fair Work Ombudsman ] [ OR [ name ] who is a member of the staff of the Office of the Fair Work Ombudsman ], by [ time and date ], in the manner and form specified in Part   6 of the Schedule to this notice.

Note:   You are not excused from giving information under this notice on the ground that to do so might tend to incriminate you or otherwise expose you to a penalty or other liability. However, there are restrictions on when any information given under this notice may be admissible in evidence against you. See section   713 of the Fair Work Act 2009 .

WARNING --Under subsection   712B(1) of the Fair Work Act 2009 you may be liable to a civil remedy if you have been given this notice and fail to give the information by the time, and in the manner and form, specified in this notice (or by such later time as provided for under subsection   712AD(3) or (4) of the Fair Work Act 2009 ), except to the extent that you are not capable of complying with the requirement.

Note:   Under subsections   712AD(3) and (4) of the Fair Work Act 2009 the Fair Work Ombudsman may vary the time for compliance with this notice. The varied time must be at least 14 days after this notice is given.

PENALTY :   600 penalty units.

Note:   Section   712D of the Fair Work Act 2009 provides that a person who, in good faith, gives information when required to do so under an FWO notice is not liable to:

1.      any proceedings for contravening any other law because of that conduct; or
2.      civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.

Dated         20    .

... ... . ... ... ... ... ... ... ... ... ... .

                Signature

SCHEDULE

Part   1

[ information to be given ]

Part   2

[ address (if any) to which the suspected contravention relates ]

Part   3

[ name (if known) of the employer or other person suspected of the contravention ]

Part   4

[ suspected contravention of the Fair Work Act 2009, fair work instrument or safety net contractual entitlement, and which matter or matters referred to in subparagraphs   712AA(1)(a)(i) to (viii) of the Fair Work Act 2009 the suspected contravention relates to ]

Part   5

[ period during which the suspected contravention took place ]

Part   6

[ manner and form in which information must be given ]

Form 2 -- FWO notice to produce documents

COMMONWEALTH OF AUSTRALIA

Fair Work Act 2009

NOTICE ISSUED TO     [ name ]

FWO NOTICE TO PRODUCE DOCUMENTS

I, [ name ], a nominated ART President or Deputy President, acting under subsection   712AB(1) of the Fair Work Act 2009 , require you to produce the documents specified in Part   1 of the Schedule to this notice.

The documents are relevant to an investigation by an inspector into a suspected contravention of a provision of the Fair Work Act 2009 , a fair work instrument or a safety net contractual entitlement that relates, directly or indirectly, to:

• the underpayment of wages, or other monetary entitlements, of employees; or
• the unreasonable deduction of amounts from amounts owed to employees; or
• the placing of unreasonable requirements on employees to spend or pay amounts paid, or payable, to employees; or
• the unfair dismissal of an employee; or
• the bullying of a worker at work; or
• the unlawful discrimination of a person in relation to employment; or
• a contravention of a provision of the National Employment Standards; or
• the coercion of an employee by an employer.

Note:   The details relating to the investigation are specified in Parts   2 to 5 of the Schedule to this notice.

The documents are to be produced to [ the Fair Work Ombudsman ] [ OR [ name ] who is a member of the staff of the Office of the Fair Work Ombudsman ], by [ time and date ], in the manner specified in Part   6 of the Schedule to this notice.

Note:   You are not excused from producing a document under this notice on the ground that to do so might tend to incriminate you or otherwise expose you to a penalty or other liability. However:

1.      there are restrictions on when any document produced under this notice may be admissible in evidence against you (see section   713 of the Fair Work Act 2009 ); and
2.      you are not required to produce a document that would disclose information that is the subject of legal professional privilege (see section   713AA of the Fair Work Act 2009 ).

WARNING --Under subsection   712B(1) of the Fair Work Act 2009 you may be liable to a civil remedy if you have been given this notice and fail to produce the documents by the time, and in the manner, specified in this notice (or by such later time as provided for under subsection   712AD(3) or (4) of the Fair Work Act 2009 ), except to the extent that you are not capable of complying with the requirement.

Note:   Under subsections   712AD(3) and (4) of the Fair Work Act 2009 the Fair Work Ombudsman may vary the time for compliance with this notice. The varied time must be at least 14 days after this notice is given.

PENALTY :   600 penalty units.

Note:   Section   712D of the Fair Work Act 2009 provides that a person who, in good faith, produces a document when required to do so under an FWO notice is not liable to:

1.      any proceedings for contravening any other law because of that conduct; or
2.      civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.

Dated         20    .

... ... . ... ... ... ... ... ... ... ... ... .

                Signature

SCHEDULE

Part   1

[ documents/kinds of documents to be produced ]

Part   2

[ address (if any) to which the suspected contravention relates ]

Part   3

[ name (if known) of the employer or other person suspected of the contravention ]

Part   4

[ suspected contravention of the Fair Work Act 2009, fair work instrument or safety net contractual entitlement, and which matter or matters referred to in subparagraphs   712AA(1)(a)(i) to (viii) of the Fair Work Act 2009 the suspected contravention relates to ]

Part   5

[ period during which the suspected contravention took place ]

Part   6

[ manner in which documents must be produced ]

Form 3 -- FWO notice to attend and answer questions

COMMONWEALTH OF AUSTRALIA

Fair Work Act 2009

NOTICE ISSUED TO     [ name ]

FWO NOTICE TO ATTEND AND ANSWER QUESTIONS

I, [ name ], a nominated ART President or Deputy President, acting under subsection   712AB(1) of the Fair Work Act 2009 , require you to attend before [ the Fair Work Ombudsman ] [ OR [ name ] who is an SES or acting SES member of the staff of the Office of the Fair Work Ombudsman ] at:

  [ time ] on [ date ] at [ place ]

to answer questions that are relevant to an investigation by an inspector into a suspected contravention of a provision of the Fair Work Act 2009 , a fair work instrument or a safety net contractual entitlement that relates, directly or indirectly, to:

• the underpayment of wages, or other monetary entitlements, of employees; or
• the unreasonable deduction of amounts from amounts owed to employees; or
• the placing of unreasonable requirements on employees to spend or pay amounts paid, or payable, to employees; or
• the unfair dismissal of an employee; or
• the bullying of a worker at work; or
• the unlawful discrimination of a person in relation to employment; or
• a contravention of a provision of the National Employment Standards; or
• the coercion of an employee by an employer.

Note 1:   The details relating to the investigation are specified in Parts   1 to 4 of the Schedule to this notice.

Note 2:   For your right to be represented by a lawyer, see subsection   712AE(1) of the Fair Work Act 2009.

Note 3:   You are not excused from answering a question under this notice on the ground that to do so might tend to incriminate you or otherwise expose you to a penalty or other liability. However, there are restrictions on when any answers given under this notice may be admissible in evidence against you. See section   713 of the Fair Work Act 2009 .

WARNING --Under subsection   712B(1) of the Fair Work Act 2009 you may be liable to a civil remedy if you have been given this notice and fail:

• to attend to answer questions at the time and place specified in this notice or at such later time as provided for under subsection   712AD(3) or (4) of the Fair Work Act 2009 ; or
• to take an oath or make an affirmation, if required to do so under subsection   712AE(2) of the Fair Work Act 2009 ; or
• to answer questions relevant to the investigation while attending as required by this notice;

except to the extent that you are not capable of complying with the requirement.

Note:   Under subsections   712AD(3) and (4) of the Fair Work Act 2009 the Fair Work Ombudsman may vary the time for compliance with this notice. The varied time must be at least 14 days after this notice is given.

PENALTY :   600 penalty units.

Note 1:   Section   712D of the Fair Work Act 2009 provides that a person who, in good faith, answers a question when required to do so under an FWO notice is not liable to:

1.      any proceedings for contravening any other law because of that conduct; or
2.      civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.

Note 2:   If you attend as required by this notice, you may be entitled to be paid fees and allowances in accordance with the Fair Work Regulations   2009 (see section   712C of the Fair Work Act 2009 ).

Dated         20    .

... ... . ... ... ... ... ... ... ... ... ... .

                Signature

SCHEDULE

Part   1

[ address (if any) to which the suspected contravention relates ]

Part   2

[ name (if known) of the employer or other person suspected of the contravention ]

Part   3

[ suspected contravention of the Fair Work Act 2009, fair work instrument or safety net contractual entitlement, and which matter or matters referred to in subparagraphs   712AA(1)(a)(i) to (viii) of the Fair Work Act 2009 the suspected contravention relates to ]

Part   4

[ period during which the suspected contravention took place ]