Form 3—FWO notice to attend and answer qForm 3—FWO notice to attend and answer questions

## Form 3—FWO notice to attend and answer questions COMMONWEALTH OF AUSTRALIA Fair Work Act 2009 NOTICE ISSUED TO \[name\] FWO NOTICE TO ATTEND AND ANSWER QUESTIONS I, \[name\], a nominated ART President or Deputy President, acting under subsection 712AB(1) of the Fair Work Act 2009, require you to attend before \[the Fair Work Ombudsman\] \[OR \[name\] who is an SES or acting SES member of the staff of the Office of the Fair Work Ombudsman\] at: \[time\] on \[date\] at \[place\] to answer questions that are 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 1: The details relating to the investigation are specified in Parts 1 to 4 of the Schedule to this notice. Note 2: For your right to be represented by a lawyer, see subsection 712AE(1) of the Fair Work Act 2009. Note 3: You are not excused from answering a question 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 answers 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 attend to answer questions at the time and place specified in this notice or at such later time as provided for under subsection 712AD(3) or (4) of the Fair Work Act 2009; or - to take an oath or make an affirmation, if required to do so under subsection 712AE(2) of the Fair Work Act 2009; or - to answer questions relevant to the investigation while attending as required by this notice; 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 1: Section 712D of the Fair Work Act 2009 provides that a person who, in good faith, answers a question 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. Note 2: If you attend as required by this notice, you may be entitled to be paid fees and allowances in accordance with the Fair Work Regulations 2009 (see section 712C of the Fair Work Act 2009). Dated 20 . …….………………………. Signature SCHEDULE Part 1 \[address (if any) to which the suspected contravention relates\] Part 2 \[name (if known) of the employer or other person suspected of the contravention\] Part 3 \[suspected contravention of the Fair Work Act 2009, fair work instrument or safety net contractual entitlement, and which matter or matters referred to in subparagraphs 712AA(1)(a)(i) to (viii) of the Fair Work Act 2009 the suspected contravention relates to\] Part 4 \[period during which the suspected contravention took place\] Schedule 6.1—Model term for dealing with disputes for enterprise agreements (regulation 6.01) Model term (1) If a dispute relates to: (a) a matter arising under the agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute. (2) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. (3) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. (4) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. (5) The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. > Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. > Note: A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. (6) While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. (7) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. Schedule 6.1A—Model term for dealing with disputes about matters arising under copied State instrument (regulation 6.03B) Model term (1) This term sets out procedures to settle a dispute about a matter arising under a copied State instrument. (2) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. (3) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. (4) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. (5) The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. > Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. > Note: A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5‑1 of the Act. Therefore, an appeal may be made against the decision. (6) While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; or (ii) applicable work health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction. (7) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. Schedule 6.2—Forms for certain terminations (regulation 6.07)