Record keeping for employment agencies and businesses
Inspections and enforcement of the rules
The Fair Work Agency (FWA) checks that employment agencies and businesses are following the rules.
They can do this by:
- writing to you and asking you to supply information
- visiting you and inspecting your records
What FWA inspectors can do
FWA inspectors investigate complaints, follow up allegations of misconduct, and make targeted checks of employment agencies and businesses.
Inspectors have to carry official ID. They can enter commercial premises they’ve got reason to believe are, or have been, used as an employment agency or business. They need a warrant to enter domestic premises.
Inspectors can inspect records and documents to make sure the agency or business is following the rules.
They can:
- ask to see documents and financial records
- copy these records
- remove the records to copy them
- request in writing that any record, document or information is provided to them at a time and place of their choice so they don’t have to go back to the premises
Enforcement of the rules
If your employment agency or business is breaking the rules you’ll be sent a warning letter saying how and what you have to do to fix this.
There might be a follow-up inspection.
In serious cases you might be prosecuted or referred to an employment tribunal and you could get stopped from working as an employment agency or business.
Breaches of the rules are criminal offences. You could be taken to court and face an unlimited fine.