Barrister AI
All legislation
COMMONWEALTHRegulation
In force
Official sourceSave
This is the latest official compilation.Check the official source →
Ask a question about this ActPro
Form 1

FWO notice to give information

In force
Schedule 5.3Forms for FWO Notices

Form 1 FWO notice to give information

COMMONWEALTH OF AUSTRALIA

Fair Work Act 2009

NOTICE ISSUED TO [name]

FWO NOTICE TO GIVE INFORMATION

I, [name], a nominated ART President or Deputy President, acting under subsection 712AB(1) of the Fair Work Act 2009, require you to give the information specified in Part 1 of the Schedule to this notice.

The information is relevant to an investigation by an inspector into a suspected contravention of a provision of the Fair Work Act 2009, 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 unlawful discrimination of a person in relation to employment; or
  • a contravention of a provision of the National Employment Standards; or
  • the coercion of an employee by an employer.

Note: The details relating to the investigation are specified in Parts 2 to 5 of the Schedule to this notice.

The information is to be given to [the Fair Work Ombudsman] [OR [name] who is a member of the staff of the Office of the Fair Work Ombudsman], by [time and date], in the manner and form specified in Part 6 of the Schedule to this notice.

Note: You are not excused from giving information under this notice on the ground that to do so might tend to incriminate you or otherwise expose you to a penalty or other liability. However, there are restrictions on when any information given under this notice may be admissible in evidence against you. See section 713 of the Fair Work Act 2009.

WARNING—Under subsection 712B(1) of the Fair Work Act 2009 you may be liable to a civil remedy if you have been given this notice and fail to give the information by the time, and in the manner and form, specified in this notice (or by such later time as provided for under subsection 712AD(3) or (4) of the Fair Work Act 2009), except to the extent that you are not capable of complying with the requirement.

Note: Under subsections 712AD(3) and (4) of the Fair Work Act 2009 the Fair Work Ombudsman may vary the time for compliance with this notice. The varied time must be at least 14 days after this notice is given.

PENALTY: 600 penalty units.

Note: Section 712D of the Fair Work Act 2009 provides that a person who, in good faith, gives information when required to do so under an FWO notice is not liable to:

  1. any proceedings for contravening any other law because of that conduct; or
  2. civil proceedings for loss, damage or injury of any kind suffered by another person because of that conduct.

Dated 20 .

…….……………………….

Signature

Research tools for this sectionPro
Cited byAnalyseInterrogateHistoryEquivalents

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.