Difference between Fair Work Ombudsman and Fair Work Commission

Many employees confuse the Fair Work Ombudsman and the Fair Work Commission, but they serve very different roles.

The Fair Work Ombudsman (FWO) is the national workplace watchdog. It provides advice, investigates complaints, and enforces workplace laws like pay, leave, and conditions. If you think you’ve been underpaid or your entitlements are being ignored, the FWO is where you go for help and enforcement.

The Fair Work Commission (FWC) is Australia’s national workplace tribunal. It deals with formal legal matters like unfair dismissal claims, general protections, bullying applications, and enterprise agreement approvals. If you’ve been fired and want to challenge it, the FWC is where you lodge your claim.

You can have matters running with both the Fair Work Commission and the Fair Work Ombudsman at the same time. For example, you might lodge an unfair dismissal claim with the Commission, while also asking the Ombudsman to investigate underpayments or missing entitlements. These are separate processes. The Commission deals with whether your dismissal was harsh, unjust or unreasonable, while the Ombudsman investigates whether your employer broke the law in how they paid or treated you. However, if you reach a settlement during an unfair dismissal conciliation, it will change this. Most agreements include a release clause, which usually states that you won’t take any further legal action against your employer related to your employment or termination. With this, you may be giving up your right to continue or begin an underpayment claim, even if it’s already being investigated. Once signed, this kind of clause can stop all future claims.