Step

Action

1.

Gather evidence: To help resolve a workplace complaint quickly, make sure you have the documents you need. Make a copy of each of these supporting documents and attach the copies to your complaint form. If you don’t have copies of these documents, don’t worry. The Fair Work Ombudsman will still be able to deal with your workplace complaint.

2.

Fill in a complaint form. You can download a form [Fair Work Ombudsman] to print and fill in or you can fill in and lodge your complaint form online [Fair Work Ombudsman]. Follow the steps in the workplace complaint form user guide [Fair Work Ombudsman] for help.

IMPORTANT: Remember to sign the completed form before lodging it!

3.

Lodge your complaint. Once you have signed the completed form, you can lodge it with copies of all supporting documents by fax (02 6250 4480), in person at your nearest Fair Work Ombudsman’s office or by post. Mail the form and supporting documents to: Fair Work Ombudsman, Complaints Assessment Team, GPO Box 2567, Adelaide, South Australia 5001. To find out where your nearest Fair Work office is, call the Fair Work Infoline on 13 13 94.

4.

What happens next? A Fair Work Inspector will decide whether your complaint is suitable for Assisted Voluntary Resolution (AVR), or if it should proceed immediately to a full investigation.

5.

Assisted Voluntary Resolution (AVR). If your complaint is recommended for an AVR, the Fair Work Inspector will help you and the person your complaint is about to find a fair solution that you both agree to. An Assisted Voluntary Resolution is often recommended for straightforward complaints about wages or workplace conditions. If the AVR does not resolve the situation, the next step is a full investigation.

6.

Full investigation.  When conducting a full investigation, a Fair Work Inspector examines the details of the case to determine whether there has been a breach of the national workplace laws. As part of this process the inspector contacts the employer or the person your complaint is about to gather evidence so they can decide on the best course of action.

7.

Compliance & enforcement. If the Fair Work Inspector finds evidence that national workplace laws have not been followed, they will take further steps towards resolving the matter and ensuring the laws are enforced. This could involve a warning letter, a fine or legal action against the employer or another party who has been complained about. 

8.

Mediation. This voluntary and confidential process can be introduced at any time during the complaint process. Mediation involves a meeting between the person who made the complaint, the person the complaint is about, and a mediator from the Fair Work Ombudsman's office who helps the parties talk about the problem and find an agreed solution.

9.

What if the problems still aren’t fixed? If the problem you complained about is still not fixed, you may have to take legal action to recover unpaid wages and/or entitlements or the Fair Work Ombudsman may take legal action against the person you have complained about. If you take legal action, the Fair Work Inspector can help you to prepare for your court appearance. If you decide to take action on your own, remember to ask your union for help. The Fair Work Inspector can give you a small claims kit, which includes information about your complaint and the small claims process.

10.

Request a review. If you’re not satisfied with the conduct or outcome of the Fair Work Ombudsman's office investigation, you can ask for a formal review of the process.