If we are dealing with a complaint we will usually seek voluntary compliance. However, in some cases we may take a party to Court.

We use legal activities as one way to ensure and enforce compliance with workplace laws. The use of litigation and other legal activities are part of a broader compliance system. This compliance system uses a variety of methods to ensure employers and employees comply with Commonwealth workplace laws.

All of the Fair Work Ombudsman’s decisions to commence litigation must meet a two-stage test:

1. There must be sufficient evidence to prosecute the case
2. It must be evident that commencing proceedings is in the public interest.

The public interest

If there is sufficient evidence to prosecute a case, then we will need to consider the public interest.

Some of the things we consider when dealing with the public interest are:

• The seriousness of the breach of the Fair Work Act or related legislation
• The alleged wrongdoer’s attitude and response to previous enforcement activities
• If prosecuting will deter that person or others from committing the same crime
• The level of public concern.

You can find out more about when we litigate by looking at our Litigation Policy.