FOI 000672 Jason Simpson Decision Documents.pdf

Background Information - Voluntary Administration

An insolvency procedure  is  where an external administrator is appointed because the
company is in financial trouble.

The ‘voluntary administrator’ is appointed by:
•  The directors after they have decided the company is or is likely to become insolvent;
•  A secured creditor who has the charger over most of the company’s assets,
•  A liquidator, or
•  A provisional liquidator.
The role of a voluntary  administrator is to look into the company’s affairs and report to the
creditors. They recommend whether the company should; enter into a deed of company
arrangement; go into liquidation; or be returned to the directors.
When a business is in voluntary administration the Fair Work Ombudsman can  provide
advice and investigate entitlements.
Our  Compliance and enforcement policy  provides a summary of the services we offer to
support compliance with workplace laws.
Most issues can be resolved at the workplace level. Our policy focuses on early intervention
and resolution of workplace issues through the provision of advice and support. The policy
outlines how we identify and act on opportunities to offer assistance before workplace issues
escalate. It also discusses the different factors that we take into account when deciding how
to respond to requests for assistance.

If the business is bankrupt or in liquidation
The  FWO doesn’t have jurisdiction to investigate or recover entitlements in this situation.
Employees should contact the Fair Entitlements Guarantee scheme on 1300 135 040
administered by the Department of Employment (Commonwealth Government).
More information about the Fair Entitlements Guarantee is available on the Department of
Employment website https://www.employment.gov.au/fair-entitlements-guarantee-feg

Review Rights

I have attached a document setting out your rights of review of this decision (Attachment B).

Website Publication

Section 11C of the FOI Act requires agencies to publish online any information in documents
released in response to a freedom of information request. This must be done within 10
working days of the documents being released.

Section 11C contains some exceptions to this general requirement. These exceptions
include when the document contains business or personal information that it would be
unreasonable to publish.

Because there is no personal  or business information in the document we are releasing to
you, there is no reason not to publish it. However, as these documents are already published
on the FWO website, there is no need to republish them.

www.fairwork.gov.au
Fair Work Infoline 13 13 94
ABN: 43 884 188 232

Contact details

If you need further information, or would like to discuss this decision further, please direct
your enquiries by email to xxx@xxx.xxx.xx.

Yours sincerely

Sally Dennington
Director – Customer Feedback and Information Access
Fair Work Ombudsman
www.fairwork.gov.au
Fair Work Infoline 13 13 94
ABN: 43 884 188 232

Attachment A

Pages
Date
Author  Addressee  Description
Decision
Exemptions
Applied
001
24.05.17  FWO
N/A
An article published on the FWO website on our online library about
Release

Voluntary
Administration https://www.fairwork.gov.au/library/k600441 voluntary-
administration

002 –
24.05.17  FWO
N/A
An article on the FWO website about Bankruptcy and
Release

003
Liquidation https://www.fairwork.gov.au/ending-
employment/bankruptcy-and-liquidation

www.fairwork.gov.au
Fair Work Infoline 13 13 94
ABN: 43 884 188 232

Attachment B
INFORMATION ON RIGHTS OF REVIEW & COMPLAINTS

Rights of review

If you are dissatisfied with this decision you can apply for internal review by this agency (Option 1
below) or external review by the Australian Information Commissioner (IC Review) (Option 2 below).

You do not have to apply for internal review before seeking IC review. However, the Information
Commissioner has expressed the view that it is preferable for a person to seek internal review by the
agency before applying for IC Review. If you choose Option 1 (internal review), you can also apply for
IC review of the internal review decision within 60 days after receiving notice of our decision.

Option 1 – Internal review

You can seek internal review of the decision. An application for internal review must be made in
writing within 30 days after the date you were notified of the decision, or within such further period as
the Fair Work Ombudsman allows. The internal review will be conducted by a senior officer who had
no involvement in the initial decision.

There is no particular form required to make a request for internal review. However, it would help the
reviewer if you said, in writing, why you think the decision should be reviewed.

An application for an internal review of the decision should be sent to:

Email: xxx@xxx.xxx.xx
Fax: (02) 6204 2364
or

FOI Manager
GPO Box 9887
MELBOURNE VIC 3001

Option 2 – Review by the Australian Information Commissioner

Alternatively, you can apply in writing to the Australian Information Commissioner for IC review of the
decision. An application for IC Review must be made within 60 days after the day you were given
notice of this decision.

In making your application, you need to provide an address for notices to be sent (this can be an email
address) and a copy of this decision. It would also help the Australian Information Commissioner if you
set out the reasons for seeking IC review in your application.

To apply for IC review, please refer to the FOI Fact Sheet 13 issued by the Office of the Australian
Information Commissioner (http://www.oaic.gov.au/images/documents/freedom-of-information/foi-
factsheets/FOI factsheet12 your-rights online July2012.pdf). You can file your application online
at  https://forms.business.gov.au/aba/oaic/foi-review-/  or download a complaint form from the OAIC’s
website www.oaic.gov.au

Complaints

You can complain to the Australian Information Commissioner about action taken by the Fair Work
Ombudsman in relation to your freedom of information request. Your complaint must be in writing and
it is the Information Commissioner’s preference that an online complaint form be completed. The form
can be found at https://forms.business.gov.au/aba/landing.htm?formCode=ICCA 1. Alternatively, you
can send a letter to the Office of the Australian Information Commissioner, GPO Box 5218, Sydney
NSW 2001 or send an email to xxxxxxxxx@xxxx.xxx.xx.
www.fairwork.gov.au
Fair Work Infoline 13 13 94
ABN: 43 884 188 232

FOI-000672 001
under the
Released
Freedom of Information Act
by the Fair Work Ombudsman

FOI-000672 002
under the
Released
Freedom of Information Act
by the Fair Work Ombudsman

FOI-000672 003
under the
Released
Freedom of Information Act
by the Fair Work Ombudsman