Fair Work Act 2009

The Fair Work Ombudsman may apply, in writing, to a nominated ART President or Deputy President for the issue of an FWO notice referred to in subsection (2) if the Fair Work Ombudsman believes on reasonable grounds that a person:

has information or documents relevant to an investigation by an inspector into a suspected contravention of a provision of this Act, a related offence provision, a fair work instrument or a safety net contractual entitlement that relates, directly or indirectly, to:

the underpayment of wages, or other monetary entitlements, of employees; or

the unreasonable deduction of amounts from amounts owed to employees; or

the placing of unreasonable requirements on employees to spend or pay amounts paid, or payable, to employees; or

the unfair dismissal of an employee; or

the bullying of a worker at work; or

the sexual harassment of a person who is a worker in a business or undertaking, seeking to become a worker in a particular business or undertaking, or conducting a business or undertaking; or

the unlawful discrimination of a person in relation to employment; or

a contravention of a provision of the National Employment Standards; or

the underpayment of monetary entitlements under a minimum standards order or a road transport contractual chain order; or

the unfair deactivation of an employee‑like worker or the unfair termination of a regulated road transport contractor; or

the coercion of an employee by an employer; and

is capable of giving evidence that is relevant to such an investigation.

The FWO notice may require the person:

to give information to the Fair Work Ombudsman, or a specified member of the staff of the Office of the Fair Work Ombudsman; or

to produce documents to the Fair Work Ombudsman, or a specified member of the staff of the Office of the Fair Work Ombudsman; or

to attend before the Fair Work Ombudsman, or a specified member of the staff of the Office of the Fair Work Ombudsman who is an SES employee or an acting SES employee, and answer questions relevant to the investigation.

An application for an FWO notice must:

if a form is prescribed by the regulations—be in that form; and

include any information prescribed by the regulations.

An application for an FWO notice must not relate to more than one person, but may relate to more than one investigation.

An application for an FWO notice must be accompanied by an affidavit by the Fair Work Ombudsman including the following:

the name of the person to whom the application relates;

details of the investigation (or investigations) to which the application relates;

the grounds on which the Fair Work Ombudsman believes the person has information or documents, or is capable of giving evidence, relevant to the investigation (or investigations) referred to in paragraph (b);

details of other methods used to attempt to obtain the information, documents or evidence;

the number (if any) of previous applications for an FWO notice that the Fair Work Ombudsman has made in relation to the person in respect of the investigation (or investigations) referred to in paragraph (b);

information about whether the Fair Work Ombudsman has made, or expects to make, any other applications for an FWO notice in relation to the investigation (or investigations) referred to in paragraph (b) and, if so, the persons to whom those applications relate.

A nominated ART President or Deputy President to whom an application for an FWO notice is made may request the Fair Work Ombudsman to give the ART President or Deputy President further information in relation to the application.

If a request for further information is made under subsection (6), the Fair Work Ombudsman must give the further information in writing as soon as practicable after receiving the request.