Fair Work Act 2009 - Direction to Inspectors (31/08/2009) (Cth)

Fair Work Act 2009

DIRECTION TO INSPECTORS

(FWO2009/01)

I, NICHOLAS PAUL WILSON, the Fair Work Ombudsman, under subsection 704(1) of the Fair Work Act 2009 revoke all previous Directions issued under:

a.subsection 704(1) of the Act, including the Direction I issued on 1 July 2009 (F2009L02679);

b.subsection 167(7) of the Workplace Relations Act 1996, as far as such Directions continue to have effect under item 15 of schedule 18 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, including the Direction issued by the  Workplace Ombudsman on 4 July 2007 (F2007L02341); and

direct as follows:

Commencement

1. This Direction is of general application and commences to operate on the day it is registered on the Federal Registrar of Legislative Instruments, in accordance with the Legislative Instruments Act 2003.

Definitions

1. In this Direction:

Act means the Fair Work Act 2009;

commencing litigation means lodging with a court the documents necessary to institute civil proceedings, where the proceedings are instituted by, or on behalf of, a Fair Work Inspector exercising powers or performing functions conferred on the Fair Work Inspector by the Act, the Regulations or any other Act or Regulations that confer an ability on a Fair Work Inspector to commence or intervene in litigation and includes but is not limited to applying to a court for orders in relation to a contravention or proposed contravention of a civil remedy provision of the Act;

FWO means Office of the Fair Work Ombudsman;

Regulations means the Fair Work Regulations 2009;

Fair Work Inspector means a person appointed as a Fair Work Inspector under section 700 of the Act;

Direction

1. Before commencing, or intervening in, litigation, a Fair Work Inspector must:

c.comply with any Guidance Note concerning the litigation policy of the FWO;

d.be satisfied that:

i.there is sufficient evidence to commence civil proceedings; and

ii.the facts in the matter and all the surrounding circumstances demonstrate that civil proceedings are in the public interest (including that the contraventions are not trivial or minor); and

e.obtain my consent or the consent of a member of the staff of the FWO authorised by me to give such consent.

Dated: 31 August 2009

Nicholas Paul Wilson

Fair Work Ombudsman

Office of the Fair Work Ombudsman