682Functions of the Fair Work Ombudsman

682 Functions of the Fair Work Ombudsman

(1) The Fair Work Ombudsman has the following functions:

(a) to promote:

(i) harmonious, productive and cooperative workplace relations; and

(ii) compliance with this Act and fair work instruments;

including by providing education, assistance and advice to employees, employers, regulated workers, regulated businesses, persons in a road transport contractual chain, outworkers, outworker entities and organisations and producing best practice guides to workplace relations or workplace practices;

(b) to monitor compliance with this Act and fair work instruments;

(c) to inquire into, and investigate, any conduct or practice that may be contrary to this Act, a related offence provision, a fair work instrument or a safety net contractual entitlement;

(d) to commence proceedings in a court, or to make applications to the FWC, to enforce this Act, fair work instruments and safety net contractual entitlements;

(da) to publish a compliance and enforcement policy, including guidelines relating to the circumstances in which the Fair Work Ombudsman will, or will not:

(i) accept or consider accepting undertakings under section 715; or

(ii) enter or consider entering into cooperation agreements under section 717B;

(e) to refer matters to relevant authorities;

(f) to represent employees, regulated workers, or outworkers who are, or may become, a party to proceedings in a court, or a party to a matter before the FWC, under this Act or a fair work instrument, if the Fair Work Ombudsman considers that representing the employees, regulated workers, or outworkers will promote compliance with this Act or the fair work instrument;

(g) any other functions conferred on the Fair Work Ombudsman by any Act.

Note 1: The Fair Work Ombudsman also has the functions of an inspector (see section 701).

Note 2: In performing functions under paragraph (a), the Fair Work Ombudsman might, for example, produce a best practice guide to achieving productivity through bargaining.

(1A) In performing functions under paragraph (1)(a), the Fair Work Ombudsman must have regard to:

(a) the need for guidelines and other materials to be available in multiple languages; and

(b) the need for community outreach in multiple languages.

(2) The Fair Work Ombudsman must consult with the FWC in producing guidance material that relates to the functions of the FWC.

(3) Before publishing a compliance and enforcement policy under paragraph (1)(da), the Fair Work Ombudsman must consult with the National Workplace Relations Consultative Council about the guidelines referred to in that paragraph.