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
30 June 2012

1 July 2012 to
30 June 2013

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
30 June 2012

1 July 2012 to
30 June 2013

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
30 June 2012

1 July 2012 to
30 June 2013

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

 

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