FWBC INVESTIGATIONS
ANALYSIS OF INVESTIGATIONS
FWBC investigated 461 suspected breaches of workplace laws which included 392 new investigations commenced during its first full year of operation. This compares with 18 in the one month of operation in the previous year.
Table 2.10 sets out a state-by-state breakdown of the number of investigations.
Subject of investigation
Figure 2.1 shows the subject of FWBC investigations to 30 June 2013. Unions accounted for 30 per cent of investigations and employers 26 per cent. This was followed by subcontractor investigations at 21 per cent and employees and head contractors were each the subject in nine per cent of investigations.
FIGURE 2.1 SUBJECT OF INVESTIGATION
TABLE 2.9 SUMMARY OF INVESTIGATIONS
Summary of investigations |
1 June 2012 to |
1 July 2012 to |
Total number of investigations |
96 |
461 |
New investigations commenced during the reporting period |
18 |
392 |
Investigations finalised* |
35 |
380 |
Investigations continuing* |
68 |
78 |
*Investigations that were finalised or continuing in the 1 June 2012 – 30 June 2012 financial year included those that were transferred from the predecessor agency.
Note: FWBC has been in operation since 1 June 2012. Therefore, any large discrepancy in investigation figures is due to FWBC only being able to record data for one month of the reporting period last year. Figures for 1 June 2012 – 30 June 2012 also include investigations and penalty proceedings which were inherited from its predecessor agency.
TABLE 2.7 STATE BREAKDOWN OF INVESTIGATIONS
State |
1 June 2012 to |
1 July 2012 to |
NSW |
23 |
123 |
VIC |
21 |
102 |
QLD |
19 |
86 |
WA |
20 |
76 |
SA |
1 |
33 |
TAS |
1 |
2 |
ACT |
7 |
28 |
NT |
4 |
11 |
Total |
96 |
461 |
Types of contraventions investigated
FWBC investigated 1127 contraventions of Commonwealth workplace laws.
Table 2.11 shows that 31 per cent of contraventions involved wages and entitlements. Twelve per cent involved unprotected industrial action and
ten per cent involved sham contracting.
TABLE 2.11 TYPES OF CONTRAVENTIONS INVESTIGATED
Contravention |
1 June 2012 to |
1 July 2012 to |
||
Right of entry |
17 |
6% |
112 |
10% |
Unprotected industrial action |
53 |
20% |
136 |
12% |
Coercion |
32 |
12% |
143 |
13% |
Sham contracting |
40 |
15% |
109 |
10% |
Freedom of association |
2 |
<1% |
147 |
13% |
Strike pay |
9 |
3% |
21 |
2% |
Wages and entitlements |
97 |
36% |
351 |
31% |
Other |
21 |
8% |
108 |
9% |
Total |
271 |
100% |
1127 |
100% |
Note: ‘Other’ includes other FW Act breaches, criminal activity and breaches of laws relating to taxation, trade practices and state industrial relations and occupational health and safety.
TABLE 2.12 WAGES AND ENTITLEMENTS – ENQUIRIES AND OUTCOMES 1 JULY 2012 – 30 JUNE 2013
State | Number of enquiries | Outcomes | ||||||
Information provided | Referred to Federal Agency | Referred to State Agency | Referred to other Agency | Upgraded | Initiated targeted audit | Unable to provide assistance | ||
NSW |
107 |
56 |
6 |
2 |
1 |
35 |
4 |
3 |
VIC |
102 |
61 |
19 |
2 |
1 |
18 |
|
1 |
QLD |
65 |
37 |
1 |
2 |
|
22 |
|
3 |
WA |
34 |
18 |
2 |
2 |
|
11 |
|
1 |
SA |
28 |
16 |
3 |
1 |
|
8 |
|
|
TAS |
7 |
3 |
1 |
|
1 |
2 |
|
|
ACT |
25 |
17 |
1 |
|
|
7 |
|
|
NT |
11 |
5 |
1 |
|
1 |
4 |
|
|
Total |
379 |
213 |
34 |
9 |
4 |
107 |
4 |
8 |