The General Manager of the Fair Work Commission may make inquiries and conduct investigations into federally registered unions and employer associations (known as registered organisations) regarding their compliance with the Fair Work (Registered Organisations) Act 2009 (the RO Act) and their rules regarding finances and financial administration.
The General Manager undertakes inquiries and investigations in accordance with the provisions of the legislation and the principles of procedural fairness. The process includes providing notice of proposed adverse findings to the relevant parties and giving them an opportunity to respond before finalisation of any findings.
Inquiries and investigations are conducted in addition to our routine examination of registered organisations' financial reports for compliance with the RO Act at the time of lodgment with the Commission each year.
The General Manager is empowered to make inquiries and conduct investigations under Part 4 of Chapter 11 of the RO Act.
The Regulatory Compliance Branch is also conducting a number of comprehensive assessments of separate matters in order to assist the General Manager determine whether to commence formal inquiries. Any separate inquiries commenced will be listed here from the time of commencement.
The General Manager of the Commission can commence proceedings in the Federal Court of Australia, including at the end of an investigation, concerning compliance by a registered organisation, its officers, employees and auditors with the RO Act.