Episode 21: Lessons from the Federal Court

We reveal how organisations can resolve matters efficiently by taking steps to remediate non-compliance to the greatest extent that is possible, and co-operating with us. Registered organisations are encouraged to voluntarily report non-compliance, honestly disclose information that is relevant to misconduct, and assist during our inquiries and investigations.

Our approach to compliance and enforcement starts with providing education and assistance, including tools and resources to help with compliance and offering tailored assistance to organisations and branches. We routinely work with organisations to strengthen their systems and processes to prevent future breaches of the law. Where serious non-compliance has not resolved via alternative processes, we have pursued a small number of matters in the Federal Court. We discuss what the judges have said and how this is important to all registered organisations.

ROCpod was a monthly podcast created by the Registered Organisations Commission, which is now abolished. The obligations for registered organisations remain unchanged, with the functions transferred to the Fair Work Commission as the regulator from 6 March 2023. If you need further information please contact the Fair Work Commission on 1300 341 665 or email regorgs@fwc.gov.au.

Episode highlights

01:50  The ROC’s approach to compliance and litigation

05:00  Inquiries and investigations

10:18  Alternatives to litigation

11:30  Lessons from court decisions

14:11  Why organisations should rectify non-compliance and co-operate with us

16:10  Officers can be responsible for the breaches of their organisation

20:55  Education initiative – Summaries of court cases

ROCpod was the official podcast of the Registered Organisations Commission. It is copyright to the Commonwealth of Australia. The opinions expressed in ROCpod are the opinions of the particular speaker and not necessarily the opinions of the regulator. 

This information is general and is not intended to be comprehensive, it is designed to assist in gaining an understanding of the relevant provisions of the legislation, the regulator and its work. The regulator is not able to provide legal or accounting advice. 

For further information please see the registered organisations materials on our website or contact us at regorgs@fwc.gov.au.