What is the difference between WorkSafe and Fair Work for workplace complaints in Victoria?
WorkSafe Victoria handles workplace health, safety, and workers' compensation. Fair Work, including the Ombudsman and Commission, deals with employment conditions, wages, unfair dismissal, and bullying across Australia, including Victoria.
Was this helpful?
3 readers found this helpful
How it works in practice
Understanding WorkSafe Victoria
WorkSafe Victoria is the state's occupational health and safety (OHS) regulator and manager of its workers' compensation scheme. Its primary role is to prevent workplace injuries and illnesses, enforce OHS laws, and provide support and compensation for injured workers. If your complaint relates to unsafe working conditions, a workplace injury, or a related investigation, WorkSafe is the appropriate body.
Understanding Fair Work Australia
Fair Work Australia, which encompasses the Fair Work Ombudsman and the Fair Work Commission, is the national workplace relations tribunal and regulator. It deals with issues such as minimum wages, awards, enterprise agreements, unfair dismissal, general protections (e.g., discrimination or adverse action), and workplace bullying. If your complaint is about your pay, working hours, dismissal, or treatment in line with employment laws, Fair Work is the correct authority.
Important exceptions
Some workplace issues may have elements that overlap both WorkSafe and Fair Work. For instance, workplace bullying that causes psychological injury would involve WorkSafe for the injury aspect and Fair Work for the bullying conduct under employment laws. Specific industries may also have additional regulatory bodies.
Individual employment contracts or enterprise agreements can provide additional rights beyond the standard awards, which would fall under Fair Work's jurisdiction. The scale of the business can sometimes influence specific procedures.
What you should do now
-
Identify the specific nature of your complaint: Is it about safety, injury, pay, dismissal, or bullying?
-
Gather all relevant documentation, such as employment contracts, payslips, communications, medical reports, or incident details.
-
Contact WorkSafe Victoria for health and safety concerns, or the Fair Work Ombudsman for employment conditions and rights.
-
Follow the specific complaint process provided by the relevant body, providing accurate and detailed information.
-
Seek legal advice or support from a union if you are unsure which body applies or if your situation is complex.
Expert Notes
No expert notes have been added to this question yet.
People also asked
Explore highly relevant questions and get instant verified short answers.