What should I do if I receive a Fair Work Ombudsman notice?

Short answer. Read the notice carefully and note its deadline, speak to an employment lawyer, keep all payroll, roster and timesheet records, and get an independent recalculation of what is owed before you respond. Accurate, documented figures help you respond properly and limit the risk of further action.

Common types of notice

• Notice to produce: asks you to provide employment records, such as pay slips, rosters and timesheets, by a set date.
• Compliance notice: says the Fair Work Ombudsman believes employees have been underpaid and requires you to calculate and fix it within a set time.

Your lawyer will confirm exactly what your notice requires.

First steps

1. Note the deadline and what is being asked.
2. Speak to an employment lawyer before replying.
3. Keep every payroll, roster and timesheet record. Don’t alter anything.
4. Have entitlements recalculated independently, so your figures are accurate and the method is documented.

Why the figures matter

An underestimate can lead to further action. An overestimate costs you money. An independent, documented recalculation gives you, your lawyer and the regulator one set of numbers to work from.

This is general information, not legal advice.

General information only. It does not take account of your circumstances and is not legal, tax or financial advice.