Fair Work Inspector audit preparation checklist
Fair Work Ombudsman audits often follow anonymous tips or sector campaigns. This checklist helps lawyers and HR leaders respond to a notice to produce and remediate any underpayments.
This is a 12-step checklist for preparing a business for a Fair Work Ombudsman inspector audit under the Fair Work Act 2009 (Cth). It covers notices to produce, records, and underpayment risk.
The checklist
Review the notice
Review any FWO notice to produce for scope, records required, and the response deadline.
Identify the audit scope
Identify employees, awards, and time period covered by the audit.
Assemble employee records
Assemble employment records and payslips for the audit period.
Check records compliance
Check records meet the employee record-keeping requirements.
Check payslip compliance
Check payslips comply with the content and issue timing requirements.
Review award coverage
Review award or agreement coverage for each affected role.
Run underpayment analysis
Run a wage and classification underpayment analysis for the audit period.
Assess superannuation
Assess whether superannuation obligations are current, including the SG rate.
Plan remediation
Plan remediation for any underpayments including interest and superannuation.
Prepare evidence bundle
Prepare a single production bundle with covering index and privilege log.
Manage comms
Manage employee, union, and internal comms consistent with the audit outcome.
Scope resolution pathway
Scope the resolution pathway — compliance notice, enforceable undertaking, or litigation.
When this checklist applies
Use when a business receives a FWO notice to produce or is notified of a compliance audit.
Common pitfalls
- Records not retained for the 7-year period
- Payslip content missing required elements
- Underpayment analysis run on nominal rates only, ignoring loadings
- Superannuation shortfalls missed in scope
- Remediation offered without interest or superannuation uplift
Run this checklist on a real matter
Quillio can classify roles against modern awards, run payroll spot checks, and draft remediation calculators. See /practice-areas/employment-law or start a free trial.
General Fair Work guidance. Awards, agreements, and state laws vary — verify against the applicable instruments.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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