What is a WHS enforceable undertaking?

A work health and safety enforceable undertaking is a binding written agreement that a duty-holder (a PCBU or an officer) proposes to the regulator, and that the regulator accepts as an alternative to prosecution. It is provided for in Part 11, s216 of the model Work Health and Safety Act. Once accepted it commits the duty-holder to stop the offending conduct, fix the safety systems behind the contravention, and deliver benefits to the workplace, industry and community.

When can the regulator accept an enforceable undertaking?

The regulator decides case by case and is never compelled to accept. It weighs the circumstances of the incident, the merit of the proposal, the duty-holder's financial capacity to deliver it, the duty-holder's compliance history, the views of any injured person, and the likely outcome if the matter were prosecuted instead. A strong undertaking goes beyond the duty-holder's own workplace.

Can I get an enforceable undertaking for a Category 1 or manslaughter charge?

No. Under the model Work Health and Safety Act a regulator must not accept an enforceable undertaking for a Category 1 offence or for an industrial or workplace manslaughter offence. For those charges an undertaking is not available as an alternative to prosecution. Victoria runs its own framework under the Occupational Health and Safety Act 2004, so check WorkSafe Victoria's rules and get legal advice if you are in Victoria.

What must an enforceable undertaking contain?

An enforceable undertaking commits the duty-holder to stop the offending conduct, rectify the safety systems behind the alleged contravention (for example through audits, new procedures, equipment or supervision), lift WHS capability through training (which can include psychosocial safety training), and deliver tangible benefits beyond the duty-holder's own workplace — industry and community benefits such as presentations, research, or support for the injured person.

Is an enforceable undertaking made public?

Yes. If the regulator accepts an enforceable undertaking it is published on the regulator's enforceable undertakings register, together with the regulator's reasons. It is a public record, not a private settlement.

Is Victoria different?

Yes. Victoria is not a harmonised WHS jurisdiction. WorkSafe Victoria can accept enforceable undertakings under the Occupational Health and Safety Act 2004 (Vic) under its own rules. The model-law rule that a regulator must not accept an undertaking for a Category 1 or manslaughter offence does not apply in Victorian terms in the same way, so check WorkSafe Victoria's guidelines and get advice about your specific charge.

WHS Enforceable Undertaking — Is It an Option?

Understand WHS enforceable undertakings — what they are, when a regulator can accept one instead of prosecuting, and what they must contain.

Last verified: 21 June 2026

An enforceable undertaking is a binding written agreement a duty-holder proposes to the WHS regulator as an alternative to prosecution (model WHS Act Part 11, s216). A regulator must not accept one for a Category 1 or industrial manslaughter offence. This tool runs a light suitability check and explains what an undertaking must contain.

Is an enforceable undertaking a realistic option?

An enforceable undertaking is a binding written agreement you propose to the regulator as an alternative to being prosecuted (model Work Health and Safety Act, Part 11, s216). Answer two questions for a light suitability check. This is general information, not a ruling and not legal advice.

1. Your state or territory

2. What is the most serious thing alleged?

Choose what is alleged above to see whether an enforceable undertaking is an option.

More WHS tools

Facing a safety prosecution or notice? These guides help you work out your position.

Industrial Manslaughter Penalties — the most serious WHS charge and what it carries.
WHS Notice Responder — what to do if you have been served an improvement or prohibition notice.
Safety Hub — every work health and safety tool in one place.

Get notified when rates change

Free alerts when minimum wage, award rates, or workplace laws are updated.

Free forever. No spam. Unsubscribe anytime.

FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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.

Recommended partners

Free tools surface the issue. Our partners help you solve it.

Authorised Employment Hero Partner

Employment Hero

Australian HR, payroll, rostering and award interpretation in one platform. Used by 300,000+ businesses. Fixes the underlying payroll/compliance issues our calculators surface.

Best for: SMEs that have outgrown spreadsheet payroll or want automated award interpretation.

See Employment Hero

Law Tram — lawyer matching

Law Tram

Matched with the right Australian lawyer for your situation — unfair dismissal, underpayment, workplace injury, debt, tenancy and more. Many lawyers offer a free first consult and no-win-no-fee arrangements.

Best for: anyone whose workplace or personal legal issue needs proper advice, not just a calculator.

Find a lawyer

IT, Microsoft & cyber partner

Frontrow Tech

Microsoft 365, Copilot rollouts, Essential Eight, Privacy Act 2026 and board-level cyber compliance for Australian SMBs. Where pay and HR end, your data and IT obligations begin.

Best for: SMBs running on Microsoft 365, anyone hitting cyber/privacy compliance, boards wanting an outside read on IT risk.

See Frontrow

Affiliate partners — commissions fund the free tools on this site. We only recommend partners we've vetted as a good fit for Australian workplaces.