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Fair Work – What's The Difference Between the Commission and the Ombudsman?

#fairwork #fairworkcommission #fairworkombudsman #national Sep 19, 2025

Although similarly named and both independent government agencies, the Fair Work Commission and Ombudsman are separate bodies.  

The Fair Work Ombudsman, or the FWO, provides advice and education for employers and employees. Although they can’t change legislation they can investigate many issues, including breaches of the Fair Work Act and recovering any lost wages. They can’t investigate into unfair dismissal claims or bullying complaints. 

For example, if you think you’re being paid under the minimum wage, the FWO has the resources and is available to help you sort this out.  

The Fair Work Commission, or the FWC, is in charge of changing legislation such as annual reviews of the National Minimum Wage to ensure that minimum wages and conditions are continually maintained. They can also step in where there are serious breaches of the legislation – including investigating unfair dismissals, redundancy, bullying, sexual harassment, discrimination and more.  

Although they set the minimum wages, they don’t provide advice regarding any issues here.  

If you ever contact the wrong agency, don’t stress! They will still (helpfully) point you in the right direction for where you can get the advice and support you need.

For any workplace advice or support across the board, no matter the issue, we're also here to help! Feel free to contact us at [email protected]

 Author: RG (Employii Human Resources)