Fair Work Act 2009

The Fair Work Ombudsman may enter into a written agreement (a cooperation agreement) with a person covering specified conduct engaged in by the person that the person has reported to the Fair Work Ombudsman as amounting to the possible commission by the person of an offence, or at least the physical elements of an offence, against either or both of the following:

subsection 327A(1) (failing to pay amounts as required);

a related offence provision, to the extent that the offence created by the provision relates to an offence against subsection 327A(1).

The Fair Work Ombudsman must have regard to the following matters in deciding whether to enter into a cooperation agreement with a person in relation to conduct:

whether in the Fair Work Ombudsman’s view the person has made a voluntary, frank and complete disclosure of the conduct, and the nature and level of detail of the disclosure;

whether in the Fair Work Ombudsman’s view the person has cooperated with the Fair Work Ombudsman in relation to the conduct;

the Fair Work Ombudsman’s assessment of the person’s commitment to continued cooperation in relation to the conduct, including by way of providing the Fair Work Ombudsman with comprehensive information to enable the effectiveness of the person’s actions and approach to remedying the effects of the conduct to be assessed;

the nature and gravity of the conduct;

the circumstances in which the conduct occurred;

the person’s history of compliance with this Act;

any other matters prescribed by the regulations.

The regulations may prescribe matters in relation to the content of cooperation agreements.