Study on Labour Inspection Sanctions and Remedies: The case of Australia

This report describes the main features of the Australian legal system for enforcement of labour standards, with a focus on the key strategies and sanctions available to government agencies responsible for oversight and enforcement of minimum employment standards and occupational health and safety.

Since 2005, government enforcement of minimum employment standards and occupational health and safety in Australia has been undergoing a significant transformation. As a result of recent changes to the Australian labour regulations, minimum standards are now set through a combination of legislation, industry awards and enterprise agreements pursuant to a new statute, the Fair Work Act 2009 (Cth) (the FW Act). This report sets out the context and background to these changes, before giving detailed consideration to the regulatory framework for the enforcement of minimum employment standards and OHS regulation in Australia. It provides detailed information on the inspection practices of regulatory agencies in each area, and the incidence of both administrative sanctions and prosecutions in cases of alleged breach of the relevant legal standards and conditions.