Can the Fair Work Agency bring cases on behalf of workers or provide legal support?
Yes. One of the most significant powers of the Fair Work Agency (FWA) is its ability to take action on behalf of workers, rather than relying solely on individuals to enforce their own rights through the employment tribunal system.
The FWA has the power to:
- Bring employment tribunal proceedings on behalf of workers where employment rights have been breached.
- Provide legal advice and assistance to individuals involved in employment or trade union law cases.
- Investigate breaches of employment law and take enforcement action against employers.
- Recover unpaid sums owed to workers and require employers to comply with the law.
These powers are intended to address a long-standing problem in employment law: many workers do not pursue claims because they are unaware of their rights, fear retaliation, cannot afford legal representation or are reluctant to go through a tribunal process. The FWA can help ensure that breaches of employment rights do not go unchallenged simply because an individual worker is unable or unwilling to bring a claim themselves.
The FWA does not replace trade unions, Acas or employment tribunals. Rather, it provides an additional route for enforcing employment rights and supporting workers where enforcement action is needed.
What this means for union reps
- Workers may be able to obtain support even if they are unwilling or unable to bring a tribunal claim themselves.
- Reps should be alert to cases involving unpaid wages, holiday pay, sick pay or other breaches of employment rights that may be suitable for referral to the FWA.
- The availability of legal assistance and agency-led enforcement may be particularly valuable for vulnerable, low-paid and insecure workers.
- Trade unions remain the best source of workplace representation and advice, but the FWA provides an additional enforcement mechanism where employers fail to comply with the law.
