Under the Radar
By and large small and medium enterprises, not a focus group of union coverage, have swum under the radar in respect of industrial relations application.
The modern business environment often makes award compliance difficult as the company struggles to balance its industrial obligations with the needs and expectations of the market.
The antiquated nature of many awards makes compliance difficult to achieve under most business operating circumstances.
Compliance now, however it is achieved, is paramount. The importance of retaining company cash flow and capital cannot be understated in current economic times.
The Workplace Ombudsman is the enforcement agency relevant to industrial relations for federal employers.
The Workplace Ombudsman has a highly sophisticated website oozing with information about employee entitlements and rights and it often gains educational support from prime time television advertisements notifying employees about where to go to seek help. With the interactive website comes a 'click here' tool for Employees to lodge a complaint about their Employer, or ex employer, online. No fuss, no cost, fast and efficient.
Following the lodgement of that complaint an Employer can expect to receive contact from the Department. It goes on from there.
If an Employer is considered to have underpaid an Employee, the Workplace Ombudsman will provide the Employer with an opportunity to remedy the breach in accordance with the recommendation of the Department. Failure to do so will not be considered favourably. From there the Workplace Ombudsman has the power and the willingness to prosecute.
Employer's who believe that Employees won't make a claim because of the cost to do so are poorly mistaken. The cost of seeking and implementing compliant solutions has many ongoing benefits in comparison to paying out fines and back pays.
If Employers are sceptical about the seriousness of the Workplace Ombudsman, we suggest that you read the Workplace Ombudsman's bulletin archive on this website, And remember, most of these companies are small and medium enterprise businesses!! Note also, we have only provided bulletins since January 2009. There are many more prior to that date which are accessible at www.wo.gov.au.
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