Fair Work Investigations

Do you know what to do if the Fair Work Investigators come knocking on your door?

The Fair Work Ombudsman (FWO) has the power to investigate any act or practice that may be contrary to the Fair Work Act 2009 (Cth). Do you understand what powers these investigators have and what your rights are?

Powers of Investigators*

Fair Work Investigators have the power to require a person to produce a document or record. They do this through serving a Notice to Produce (NTP). This must be given in writing and state when and where the documents must be handed over. You must be given at least 14 days to produce the documents.

Rights of Employers*

If you have a reasonable excuse, you do not have to produce the documents. Reasonable excuses include:

  • Debilitating illness or injury of someone running a one-person or very small company
  • Natural disaster that has destroyed or delayed the production of the documents
  • The documents have already been taken by the police or another government agency

Understanding how the Fair Work investigation process works can be vital to ensure that you fully understand your rights and obligations as an employer. Complying with the investigation to the best of your ability ensures that the reputation of your business can remain intact. Remember, the Fair Work Ombudsman is there to ensure that people are being treated fairly and they have the best interests of all staff in mind.


For more information on Fair Work investigations and your obligations, contact us on (08) 9316 9896 or enquiries@processworx.com.au.


*Workplace Bulletin


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