Wage Claims

Pro-active advice and representation

The newly created Fair Work Ombudsman incorporates and builds upon the previous functions of the Workplace Ombudsman.

The focus of the Fair Work Ombudsman is primarily to enforce compliance with the Fair Work Act 2009. This principally relates to wages claims and record auditing to ensure employees receive all their entitlements as per the Act and applicable Industrial Instruments. The Fair Work Ombudsman investigates all complaints it receives.

There are a number of potential risks that may result from an employee filing a wages claim. These include:

• Loss of business reputation
• Financial loss (Penalties)
• Operational distractions

If an employer is found not to be meeting their obligations then this may result in breach notices (requirement to fix the issue within a set period), infringement notices (on the spot fines) and legal prosecution.

Livingstones Australia has developed specialised services to assist our clients in this area. These include:

Auditing Services

Livingstones Australia can provide proactive solutions in your workplace by auditing your workforce to ensure compliance with the relevant Industrial Instruments and legislation hence minimising the potential for the lodgement of a Wages Claim. As part of this service Livingstones Australia will review your employee’s duties to determine their correct classifications and rates of pay and examine records in order to ascertain if there is any liability.

Advice

If a Wages Claim has been lodged Livingstones Australia has the expertise and experience to provide ongoing assistance on a day to day basis. This would include helping our clients proceed through the entire process and recommending courses of action in order to mitigate the damages that may result. Livingstones Australia is also able to liaise with the Fair Work Ombudsman on your behalf. 

Advocacy

If the Fair Work Ombudsman intends to proceed with legal action Livingstones Australia is able to negotiate directly with the Fair Work Ombudsman and advocate your case in the Commission or Court.