The difference between the Fair Work Commission and the Fair Work Ombudsman

Think of us as a court that hears cases, decides on laws, and sets new workplace standards. The Fair Work Ombudsman is like an advisor that helps organisations and employees follow those laws, with the power to escalate if they aren’t followed. 

Here are some more details on how we work compared to the Fair Work Ombudsman: 

What does the Fair Work Commission do? 

We are the independent national workplace relations tribunal. This means we hear applications, resolve disputes, and decide on awards.

We work like a court, where cases are brought forward and legal experts decide on the outcome.  

In general, you would come to us if you need help with: 

• unfair dismissal, unlawful termination and general protections  
• bargaining in good faith and making, varying or terminating agreements  
• changes to legislation, awards or registered agreements  
• bullying and harassment claims  
• disputes about flexible working arrangements, extending unpaid parental leave and fixed term contracts  
• entry permits and industrial action orders  
• discrimination and adverse action 

What does the Fair Work Ombudsman do?

The Fair Work Ombudsman is the national workplace relations regulator. The ombudsman educates organisations and provides advice to make sure they are compliant with Australian workplace law. 

The aim of the ombudsman is to guide and educate organisations to ensure they are compliant with Australian workplace law. 

Where we have a much more formal structure of hearings, arbitration, and legal decisions, the ombudsman tries to guide and mediate breaches. 

However, the ombudsman can investigate a non-compliant organisation, and has the power to take them to court if they are not following Australian law. 

In general, you would go to the Fair Work Ombudsman if you needed help with:

• pay and wages 
• leave  
• hours of work and breaks 
• advice on entitlements under an award or registered agreement  
• fixing workplace problems 
• starting and ending employment  
• enforcing minimum pay and entitlements  
• starting and ending employment 

Which body should I go to? 

Every case is unique and it is recommended to get advice before going to either body. 

As a general rule, you would go to the commission if you feel you were unfairly terminated from your role, experienced workplace bullying, or were sexually harassed at work. 

You can go to the Fair Work Ombudsman if you felt you were being paid incorrectly for your role, unsure what award to pay your employees, or you have questions around leave and entitlements.

We allow you to have a hearing with your employer if you feel they have acted unfairly towards you. The ombudsman can investigate your employer if you feel they haven’t been following workplace law. 

If you’re still unsure, get in touch with us or the Fair Work Ombudsman. We will both try to help you and direct you where you need to go.

How the Fair Work Commission and the Fair Work Ombudsman work together

We can help with cases of an employee being unfairly treated by their employer. The Fair Work Ombudsman helps organisations comply with workplace law. We hope this guide helps you decide who best to direct your enquiry to.