Visit by the Fair Work Ombudsman Inspector(s)

It may be timely to be aware that Fair Work Inspectors may be conducting random compliance visits in your local area.

While Fair Work Inspectors have existed for as long as the FWO itself, their visits and their powers are not well known.

Hence, it may be timely for Approved Providers and services to be aware of their powers (including when they can enter your premises), as well as the FWO's Compliance and Enforcement Policy that their Inspectors must adhere to.

That said, ACA NSW is concerned with:

• the Approved Provider's and service's ability to verify/authenticate the Inspector's identity (especially from a child safety perspective); and

• the need for harmony with the Fair Work Ombudsman so as not to undermine the Approved Providers' positive relationships with their employees.

In late 2024, ACA NSW wrote to the Fair Work Ombudsman seeking collaboration to address these concerns.

The Fair Work Ombudsman (Anna Booth) did respond and has assigned a senior representative to work with ACA NSW members on how to improve the conduct of Fair Work Inspectors as well as enabling them to take into consideration the challenges that early childhood education and care services face (including operational peak times, child safety and labour shortages) when engaging.

It is also a worthwhile reminder that similar but different powers, obligations and documentation are expected of unions with their rights of entry. (PLEASE NOTE: Member username and password are required for access to the information.)

For any further information/clarification, or more importantly if you wish to contribute, members can contact the ACA NSW team via 1300 556 330 or nsw@childcarealliance.org.au.

UPDATED: 6 FEBRUARY 2025

FIRST PUBLISHED: 13 DECEMBER 2024