How to Make a Fair Work Complaint — Step-by-Step Guide
Learn how to lodge a complaint with the Fair Work Ombudsman or Fair Work Commission. Step-by-step process, evidence checklist, timelines, and what to expect.
When should you make a complaint?
You should consider making a Fair Work complaint when you believe your employer has breached Australian workplace laws, and you have been unable to resolve the issue directly. Common reasons for complaints include: not being paid the correct wages or penalty rates, not receiving proper payslips, being denied leave entitlements, not receiving superannuation contributions, being unfairly dismissed, experiencing workplace bullying or harassment, or being discriminated against for exercising a workplace right. Before lodging a formal complaint, it is generally recommended that you first try to resolve the issue with your employer directly — this might involve speaking to your manager, HR department, or payroll team. Many workplace issues are the result of genuine mistakes or misunderstandings and can be resolved without external intervention. However, if your employer refuses to address the issue, retaliates against you for raising it, or if the issue is too serious for informal resolution (such as systematic underpayment or dismissal), it is time to seek help from Fair Work.
FWO vs FWC — understanding the difference
The Fair Work Ombudsman (FWO) and the Fair Work Commission (FWC) are two separate bodies with different roles, and understanding which one handles your issue is critical. The Fair Work Ombudsman (FWO) is the workplace regulator. It handles complaints about underpayment of wages, unpaid entitlements, incorrect pay rates, payslip violations, sham contracting, and breaches of workplace laws. The FWO investigates, educates, and can take enforcement action including issuing compliance notices, infringement notices, and taking employers to court. You contact the FWO for pay and entitlement issues. The Fair Work Commission (FWC) is the national workplace relations tribunal. It handles unfair dismissal applications, general protections claims, stop-bullying orders, enterprise agreement approvals, and workplace disputes. The FWC is a quasi-judicial body that holds hearings and makes binding decisions. You apply to the FWC for dismissal, bullying, and dispute-related matters. A common mistake is contacting the FWC about an underpayment issue (which the FWO handles) or contacting the FWO about an unfair dismissal (which the FWC handles). Getting this right from the start saves time.
What evidence to gather before complaining
Strong evidence significantly improves the outcome of your complaint. Before lodging anything, gather the following: payslips for the relevant period (your employer is legally required to provide these within one working day of pay day), your employment contract or letter of offer, relevant modern award or enterprise agreement (you can look this up on the FWO website), bank statements showing actual payments received, records of hours worked — timesheets, rosters, sign-in records, or your own diary entries, any relevant emails, text messages, or letters from your employer, records of any conversations where you raised the issue with your employer (dates, what was said, any witnesses), medical certificates or evidence if relevant to leave disputes, and photos or screenshots of any relevant notices or workplace documents. Organise your evidence chronologically and calculate the amounts you believe you are owed. The FWO has a free Pay and Conditions Tool (PACT) on their website that can help you determine the correct pay rates under your award. Having clear, organised evidence makes it much easier for the FWO or FWC to assess your complaint and take action.
How to lodge an FWO complaint online
The simplest way to lodge a complaint with the Fair Work Ombudsman is through their online complaint form at fairwork.gov.au. Here is the step-by-step process: Step 1 — Visit the FWO website and navigate to the complaint form. You can do this anonymously if you prefer. Step 2 — Select the type of issue (underpayment, entitlements, payslip, etc.). Step 3 — Provide details about your employer including their business name, ABN if known, and location. Step 4 — Describe the issue in detail, including dates, amounts, and what you have already done to try to resolve it. Step 5 — Upload supporting documents (payslips, contracts, evidence). Step 6 — Submit the form. You will receive a reference number. The FWO aims to assess complaints within 14 business days. They may contact you for more information, contact your employer, or refer you to other services. If the FWO decides to investigate, they will request records from your employer and assess whether a breach has occurred. If you prefer not to identify yourself, you can lodge an anonymous tip-off, which the FWO uses for intelligence and targeting audits — though anonymous tips do not result in individual case outcomes.
The mediation and conciliation process
Both the FWO and FWC use mediation or conciliation as a first step in resolving disputes. For FWO complaints, if the FWO contacts your employer and the employer acknowledges the underpayment, the FWO will facilitate a resolution — typically the employer agrees to back-pay the owed amounts. If the employer disputes the claim, the FWO may arrange a mediation where both parties discuss the issue with a neutral FWO mediator. For FWC matters (such as unfair dismissal), conciliation is mandatory before a hearing. A FWC conciliator — usually an experienced staff member — contacts both parties by phone to discuss the issues and explore whether a resolution can be reached. Most unfair dismissal claims settle at this stage, often with a monetary settlement. If conciliation is unsuccessful, the matter proceeds to a formal hearing or conference before an FWC Member. You can represent yourself, bring a support person, or have a lawyer or union representative act on your behalf. The FWC's conciliation process is free, but if you engage a lawyer, you will bear those costs unless the FWC grants permission for legal representation at a hearing.
Small claims procedure for underpayments
If your underpayment claim is for $100,000 or less and the FWO has not resolved it through compliance action, you can pursue it through the small claims procedure in the Federal Circuit and Family Court or a relevant state magistrates' court. The small claims procedure is designed to be quick, informal, and accessible without a lawyer. Filing fees are modest (typically $75-$100 in the Federal Circuit Court). The process involves: filing an application setting out your claim and the amount owed, attending a hearing where the rules of evidence are relaxed, and the court making orders for payment if it finds in your favour. The small claims procedure has a $100,000 cap. For claims above this amount, you must use the general federal court process, which is more formal and typically requires legal representation. Important: if the FWO has issued a compliance notice to your employer and they have failed to comply, the FWO itself may commence court proceedings on your behalf — this is free to you and can result in penalties against your employer in addition to back-payment of owed amounts.
Timelines and what to expect
Understanding timelines helps set realistic expectations. For FWO complaints: initial assessment takes around 14 business days. If investigation is required, it may take several months depending on complexity. Simple underpayment matters can be resolved within a few weeks if the employer cooperates. For FWC unfair dismissal: you must apply within 21 calendar days of dismissal. Conciliation is typically scheduled within 4-6 weeks of your application. If conciliation fails, a hearing is usually listed within 2-4 months. A decision may come within days to weeks after the hearing. For general protections claims: the 21-day filing deadline applies. A conference is usually held within a few weeks. If the matter is not resolved, you have 14 days to elect to take it to the Federal Circuit Court for a full hearing. For small claims court: filing to hearing is usually 2-4 months in federal court, potentially faster in state magistrates' courts. Throughout the process, keep records of all correspondence, attend all scheduled events on time, and respond promptly to requests for information from the FWO, FWC, or court. Missing deadlines or failing to attend can result in your matter being dismissed.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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