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What is Fair Work (FW) ?

Did you know?

In the workplace, we often think about “Fair Work” as one entity, but in fact it is two.
The Fair Work Ombudsman and The Fair Work Commission.
In short: The Fair Work Ombudsman advises and enforces workplace laws, while the Fair Work Commission is the tribunal that sets workplace rules and resolves disputes.

What is the difference between the Ombudsman and the Commission?

The Fair Work Ombudsman = regulator of workplace relations in Australia .
They have resources and information related to pay rates, workplace rights and obligations.
They also enforce workplace laws under the Fair Work Act, award pay rates and agreements such as enterprise bargaining agreements. (source: fairwork.gov.au)

The Fair Work Commission = independent national workplace relations tribunal.
They do not provide information or advice about pay and wages. Instead, their role is to deal with workplace issues/disputes such as dismissal and bullying, among other things.

Fair Work Ombudsman – When do I need them?

  • When I need information about pay entitlements – Click here
  • When I need information about leave – Click here
  • When I need to know about starting employment – Click here
  • When I need to find out about employment conditions – Click here
  • When I need assistance with workplace problems – Click here
  • When I need advice about my employment that has ended either expectedly or unexpectedly – Click here

Fair Work Commission – When do I need them?

  • When I have a workplace issue such as bullying – Click here
  • When I have been unfairly dismissed or fired – Click here
  • When I need to resolve a dispute for a workplace matter – Click here
  • When I have been harassed at work – Click here
  • When I need help with a workplace dispute – Click here
  • When I need help with flexible working/leave requests for caring responsibilities, family or disability reasons – Click here

Why do I need to know this?

When starting a new job or thinking about becoming job-ready, it can feel overwhelming. There are many things that happen even before you step foot in the door.


When applying for and accepting a job offer, there will be conditions that need to be met, contracts to sign, staff on-boarding and entry to the workplace. Each step in the process is protected by the rules set out by the legislation, but new workers don’t always understand their rights and responsibilities.
Therefore the FW Ombudsman provides assistance to navigate this process and the FW Commission resolves formal workplace disputes when they arise.

Think about the following scenarios

Scenario 1 – Fair Work Ombudsman

Jack starts a job at a local cafe and is told he will be paid a flat rate of $15 per hour with no overtime pay. After a few weeks, he notices his pay is below the minimum wage and he is not receiving penalty rates for weekend shifts. Jack contacts the FW Ombudsman for advice and help. The Ombudsman explains his entitlements, contacts the employer, and helps recover the unpaid wages while ensuring the business complies with workplace laws.

Scenario 2 – Fair Work Commission

Sophie works full-time at a retail store and is suddenly dismissed after her manager claims she was “not a good fit,” without giving proper warnings or a valid reason. Sophie believes the dismissal was unfair and wants to challenge it. She applies to the FW Commission, which reviews the case, hears evidence from both sides, and decides whether her dismissal was unfair. If it is, the Commission can order remedies such as reinstatement or compensation.

Want to know more about workplace culture and employee expectations? Check out our article

Written by the Australian Job Ready Editorial Team.