Document 1 - Page 1 of 3
From:
s 22(1)
To:
Cc:
Subject:
For clearance: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Tuesday, 11 January 2022 12:54:57 PM
Attachments:
MC21-047697 (petition).pdf
OFFICIAL
 
Hi Danica, this is the one I emailed you about yesterday afternoon. s 22(1)  has pulled together
some standard words that go to: what the Government is doing about underpayment; the FWO’s
prioritisation process; large corporates (incl. Coles and Woolworths).
 
IR Strategy has indicated they have a bit more time, so if they want anything else we should be
able to provide it tomorrow.
 
The Government has zero tolerance for the exploitation of workers, including the
underpayment of wages and entitlements by any employer.
 
The Fair Work Ombudsman (FWO) is the national workplace relations regulator,
responsible for providing education, assistance and advice about the Commonwealth
workplace relations system and impartially enforcing compliance with workplace laws.
Since 2016, the Government has committed over $180 million in new funding to the
FWO to prevent wage underpayment and improve compliance with workplace laws. The
Government has also strengthened the FWO’s evidence-gathering powers and
increased, by tenfold, the penalties for ‘serious contraventions’ of the Fair Work Act
2009.
 
The FWO sets annual compliance and enforcement priorities that reflect the industries
with the highest risk of non-compliance. In 2021-22, the FWO’s priorities include fast
food, restaurants and cafes, and large corporate underpayments.
 
In the 2020-21 Budget, the Government provided $22.3 million in funding to the FWO to
establish a dedicated Corporate Sector Assurance team to identify, investigate and
respond to non-compliance by large corporates. As part of the FWO’s focus on large
corporate non-compliance, the FWO commenced legal proceedings in the Federal Court
on 2 December 2021 against Coles Supermarkets Australia Pty Ltd, for the alleged
underpayment of salaried employees of $115 million.  The FWO also commenced
proceedings in the Federal Court on 17 June 2021 against Woolworths Group Limited
and Woolworths (South Australia) for the alleged underpayment of salaried workers.
 
Any worker with concerns about their workplace entitlements, such as pay and
conditions, should contact the FWO for assistance on 13 13 94 or
at www.fairwork.gov.au. 
 
Regards,
 
s 
22(1
OFFICIAL
From: s 22(1)
 
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Sent: Tuesday, 11 January 2022 12:34 PM
To: s 22(1)
Subject: FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
Hi s 22(1)  – please see some standard words for this request below, grateful for your review.
 
I note that the corro refers to unpaid overtime but outside of that seems mainly concerned with
structural overworking of staff due to budget constraints. However, we can offer the below in
relation to the unpaid overtime as well as to show more generally compliance activities directed
at McDonalds, Woolworths and Coles, which are named in the corro. The legal actions against
Woolworths and Coles are all public via FWO media releases.
 
Happy to chat!
 
s 22(1)
 
***
 
 
 
 
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 9:24 AM
To: s 22(1)
Subject: FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Much easier to provide input when you have the corro. Soz!
 
s 
22(
1)
OFFICIAL
From: s 22(1)
 
Sent: Monday, 10 January 2022 4:16 PM
To: s 22(1)
Cc: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Good afternoon s 
 
22(1
During the holiday period the Employment Protections team from the Industrial Relations
Strategy Branch received ministerial correspondence (attached) from Minister Ken O'Dowd, the
Chair of the Petitions Committee. The correspondence relates to a petition, which discusses
breach of workplace conditions (entitlements including wages and unpaid overtime), alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the issues that arise on workplace compliance in the petition.
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Document 1 - Page 3 of 3
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Attachment A
From:                                 "AGO DLO" s 22(1)
Sent:                                  30/11/2021 6:00:45 PM
To:                                      "Ministerial Correspondence Unit" 
<xxxxxxxxxxx.xxxxxxxxxxxxxxxxxx@xx.xxx.xx>
Cc:                                      "AGO DLO" s 22(1)
Subject:                             FW: Petition Ministerial Referral (EN3533) [SEC=OFFICIAL]
Categories:                       Referrals
OFFICIAL 
 
Please refer to PMO as the Petition requests the establishment of a Royal Commission.  
 
AG – RECEIVED 
Priority A 
Refer to  
PMC 
Priority B 
Refer to DSU 
Info. Only 
Refer to NSH 
App. Action 
Invitation 
Reply by AG 
Sub required 
Reply by AM 
Reply by dept 
Reply by COS 
Action area 
Reply by Adviser 
Allocated by 
PW 
 
Departmental Liaison Officer 
Office of Senator the Hon Michaelia Cash 
Attorney-General 
Minister for Industrial Relations 
Deputy Leader of the Government in the Senate  
 
 
OFFICIAL 
From: xxxxxxxxx@xxx.xxx.xx [mailto:xxxxxxxxx@xxx.xxx.xx] 
Sent: Monday, 29 November 2021 12:36 PM
To: AGO DLO s 22(1)
Subject: Petition Ministerial Referral (EN3533)
 
CAUTION: This email originated from outside of the organisation. Do not follow guidance, click links, or open 
attachments unless you recognise the sender and know the content is safe.
 
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Attachment A
 
29/11/2021 
Senator the Hon Michaelia Cash
Attorney-General
Parliament House 
Canberra ACT 2600 
 
Dear Attorney-General,  
A petition on the following terms was recently presented in the House.  
Presentation date:
29/11/2021
Petition number:
EN3533 (Please quote in future correspondence)
Number of signatures:
1213
 
Terms:  
 Reason: On the day of writing, 20/10/2021, Woolworths recalled scissors and 
knives from shelves in response to a customer stabbing. Earlier this week, 
Woolworths paid a grieving family $6000 after their son took his life; a result of 
workplace entrapment. This act alone demonstrates Woolworths will sacrifice tens 
of thousands in sales to appear like they care for customers, but value their 
employees at $6000. Woolworths, Coles, McDonalds and other giants that employ 
low-skilled workers operate with a systemic culture of managerial abuse seen 
through budget cuts, gaslighting and coercion. Budget cuts are especially damaging 
to employees; not only giving the poorest workers unreliable income but forcing 
salaried managers to work hours of overtime with no extra pay to achieve the 
work required. Some managers even resort to narcotics to maintain an alert state. 
Woolworths uses an "O.R.%" to calculate wages; hours needed vs hours budgeted. 
Departments are expected to operate at above 100%. A department may receive 
at 28hr work load that day, but only be budgeted 20hrs to complete the work. As a 
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Document 2 - Page 3 of 3
Attachment A
result, shortcuts are taken and substance abuse begins to frantically meet those 
hours until the budgets are cut again.  
 Request: We therefore ask the House to support the establishment of such a Royal 
Commission into Retail and Fast Food conditions and culture.  
As you may be aware, under Standing Order 209(a) and (b) the Petitions Committee may 
refer a copy of a petition to the Minister responsible for the administration of the matter 
raised in the petition. Written responses to the referred petition are expected within 90 
days of presentation to the House.  
When the response has been considered by the Committee it will be presented in the 
House, recorded in Hansard and posted on the Committee's website at: 
http://www.aph.gov.au/petitions. 
I look forward to receiving your response in due course. 
Please email your response to the Petitions Committee at 
xxxxxxxxx.xxxxxxxxx.xxxx@xxx.xxx.xx
Yours sincerely 
Mr Ken O'Dowd MP
Chair 
 
 
STANDING COMMITTEE ON PETITIONS  
PO Box 6021, Parliament House, Canberra ACT 2600 | Phone: (02) 6277 2152 | Email: 
xxxxxxxxx.xxxxxxxxx.xxxx@xxx.xxx.xx 
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Document 3 - Page 1 of 4
s 22(1)
From:
To:
Cc:
Subject:
For review by COB today: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Monday, 17 January 2022 2:56:02 PM
Attachments:
MC21-047697 draft (AF).docx
OFFICIAL
 
Hi s 22(1) , we provided input for this corro last week. They’ve mostly used our words as is,
however they’ve inserted a para about general protections/adverse action near the end. I think
it’s fine. If you’re happy I’ll confirm and CC Danica.
 
s 22(1)
OFFICIAL
From: s 22(1)
 
Sent: Monday, 17 January 2022 2:51 PM
To: s 22(1)
Cc: Yanchenko, Danica s 47E(d)
; s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
 
Thank you again for providing us with standard words on entitlements.
 
Could your team please do a final review to see if there is anything in addition you may like to
add, noting we have only made minor adjustments?
 
It would be greatly appreciated if you could get back to us about this by COB today.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 3:33 PM
To: s 22(1)
Cc: s 22(1)
 Yanchenko, Danica s 47E(d)
;
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
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Document 3 - Page 2 of 4
Hi s 22(1)
Thank you again for the fast turnaround. Really appreciate your team getting this one back so
quickly.
Kind regards
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
OFFICIAL
From: s 22(1)
Sent: Tuesday, 11 January 2022 2:10 PM
To: s 22(1)
Cc: s 22(1)
; Yanchenko, Danica s 47E(d)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)
,
We’ve pulled together the below standard words on: what the Government is doing about
underpayment; the FWO’s prioritisation process; large corporates (incl. Coles and Woolworths).
If there’s something else you’d like some input on, we should be able to provide it tomorrow,
just let us know.
The Government has zero tolerance for the exploitation of workers, including the
underpayment of wages and entitlements by any employer.
The Fair Work Ombudsman (FWO) is the national workplace relations regulator,
responsible for providing education, assistance and advice about the Commonwealth
workplace relations system and impartially enforcing compliance with workplace laws.
Since 2016, the Government has committed over $180 million in new funding to the
FWO to prevent wage underpayment and improve compliance with workplace laws. The
Government has also strengthened the FWO’s evidence-gathering powers and
increased, by tenfold, the penalties for ‘serious contraventions’ of the Fair Work Act
2009.
The FWO sets annual compliance and enforcement priorities that reflect the industries
with the highest risk of non-compliance. In 2021-22, the FWO’s priorities include fast
food, restaurants and cafes, and large corporate underpayments.
In the 2020-21 Budget, the Government provided $22.3 million in funding to the FWO to
establish a dedicated Corporate Sector Assurance team to identify, investigate and
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Document 3 - Page 3 of 4
respond to non-compliance by large corporates. As part of the FWO’s focus on large
corporate non-compliance, the FWO commenced legal proceedings in the Federal Court
on 2 December 2021 against Coles Supermarkets Australia Pty Ltd, for the alleged
underpayment of salaried employees of $115 million.  The FWO also commenced
proceedings in the Federal Court on 17 June 2021 against Woolworths Group Limited
and Woolworths (South Australia) for the alleged underpayment of salaried workers.
Any worker with concerns about their workplace entitlements, such as pay and
conditions, should contact the FWO for assistance on 13 13 94 or
at www.fairwork.gov.au. 
Regards,
s 22(1)
A/g Director
Workplace Compliance | Workplace Compliance and Enforcement Policy Branch
Attorney-General’s Department
s 22(1)
www.ag.gov.au
OFFICIAL
From: s 22(1)
Sent: Monday, 10 January 2022 4:16 PM
To: s 22(1)
Cc: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
s 22(1)
Good afternoon
During the holiday period the Employment Protections team from the Industrial Relations
Strategy Branch received ministerial correspondence (attached) from Minister Ken O'Dowd, the
Chair of the Petitions Committee. The correspondence relates to a petition, which discusses
breach of workplace conditions (entitlements including wages and unpaid overtime), alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the issues that arise on workplace compliance in the petition.
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
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Document 3 - Page 4 of 4
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 4 - Page 1 of 4
s 22(1)
From: s 22(1)
 <> 
Sent: Monday, 17 January 2022 2:51 PM
To: s 22(1)
Cc: s 22(1)
Subject: RE: For review by COB today: Ministerial correspondence - urgent request for standard
words [SEC=OFFICIAL]
 
OFFICIAL
 
Thanks, this reads well. I guess the only thing that jumped out at me is that we don’t make
reference to the extra money etc given to the FWO to assist employers and employees during
Covid? Should we add in some standard lines?
OFFICIAL
From: s 22(1)
 
Sent: Monday, 17 January 2022 1:56 PM
To: s 22(1)
Cc: s 22(1)
Subject: For review by COB today: Ministerial correspondence - urgent request for standard
words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1) , we provided input for this corro last week. They’ve mostly used our words as is,
however they’ve inserted a para about general protections/adverse action near the end. I think
it’s fine. If you’re happy I’ll confirm and CC Danica.
s 22(1)
OFFICIAL
From: s 22(1)
 
Sent: Monday, 17 January 2022 2:51 PM
To: s 22(1)
Cc: Yanchenko, Danica s 47E(a)
>; s 22(1)
s 22(1)
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Document 4 - Page 2 of 4
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
His 22(1)
 
Thank you again for providing us with standard words on entitlements.
 
Could your team please do a final review to see if there is anything in addition you may like to
add, noting we have only made minor adjustments?
 
It would be greatly appreciated if you could get back to us about this by COB today.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 3:33 PM
To: s 22(1)
Cc: s 22(1)
 Yanchenko, Danica s 47E(d)
;
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
 
Thank you again for the fast turnaround. Really appreciate your team getting this one back so
quickly.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 2:10 PM
To: s 22(1)
Cc: s 22(1)
 Yanchenko, Danica s 47E(d)
s 22(1)
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Document 4 - Page 3 of 4
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
,
 
We’ve pulled together the below standard words on: what the Government is doing about
underpayment; the FWO’s prioritisation process; large corporates (incl. Coles and Woolworths).
 
If there’s something else you’d like some input on, we should be able to provide it tomorrow,
just let us know.
 
The Government has zero tolerance for the exploitation of workers, including the
underpayment of wages and entitlements by any employer.
 
The Fair Work Ombudsman (FWO) is the national workplace relations regulator,
responsible for providing education, assistance and advice about the Commonwealth
workplace relations system and impartially enforcing compliance with workplace laws.
Since 2016, the Government has committed over $180 million in new funding to the
FWO to prevent wage underpayment and improve compliance with workplace laws. The
Government has also strengthened the FWO’s evidence-gathering powers and
increased, by tenfold, the penalties for ‘serious contraventions’ of the Fair Work Act
2009.
 
The FWO sets annual compliance and enforcement priorities that reflect the industries
with the highest risk of non-compliance. In 2021-22, the FWO’s priorities include fast
food, restaurants and cafes, and large corporate underpayments.
 
In the 2020-21 Budget, the Government provided $22.3 million in funding to the FWO to
establish a dedicated Corporate Sector Assurance team to identify, investigate and
respond to non-compliance by large corporates. As part of the FWO’s focus on large
corporate non-compliance, the FWO commenced legal proceedings in the Federal Court
on 2 December 2021 against Coles Supermarkets Australia Pty Ltd, for the alleged
underpayment of salaried employees of $115 million.  The FWO also commenced
proceedings in the Federal Court on 17 June 2021 against Woolworths Group Limited
and Woolworths (South Australia) for the alleged underpayment of salaried workers.
 
Any worker with concerns about their workplace entitlements, such as pay and
conditions, should contact the FWO for assistance on 13 13 94 or
at www.fairwork.gov.au. 
 
Regards,
 
s 22(1)
 (he/him)
A/g Director
Workplace Compliance | Workplace Compliance and Enforcement Policy Branch
Attorney-General’s Department
s 22(1)
www.ag.gov.au
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OFFICIAL
From: s 22(1)
 
Sent: Monday, 10 January 2022 4:16 PM
To: s 22(1)
Cc: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
s 22(1)
Good afternoon 
 
During the holiday period the Employment Protections team from the Industrial Relations
Strategy Branch received ministerial correspondence (attached) from Minister Ken O'Dowd, the
Chair of the Petitions Committee. The correspondence relates to a petition, which discusses
breach of workplace conditions (entitlements including wages and unpaid overtime), alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the issues that arise on workplace compliance in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 5 - Page 1 of 2
From:
s 22(1)
To:
s 22(1)
Subject:
FW: MC21-047697 draft [SEC=OFFICIAL]
Date:
Monday, 17 January 2022 2:28:00 PM
Attachments:
MC21-047697 draft (AF revision).docx
Importance:
High
OFFICIAL
 
Hi s 22(1)
 
Thanks for drafting this. I appreciate the effort you put in. In this instance I think the length of
the document is fine given it will be published on the APH website. Noting this, I’ve returned to
using most of the words provided by s 22(1)
. Can you please do one final review of the
document for me for typos and to see how it reads etc and then send it to s 22(1)
 ASAP to
see if they have anything to add, and noting that we have only made minor amendments to their
sections. Once they’re ok with it I’ll send on to Sharon for clearance. It would be good to get it to
her today if possible.
 
Cheers,
 
s 22(1)
s 22(1)
 
Please note I do not work Fridays. 
OFFICIAL
From: s 22(1)
 
Sent: Friday, 14 January 2022 4:46 PM
To: s 22(1)
Subject: RE: MC21-047697 draft
s 22(1)
I’ve had a go at shortening the document. Attached is an updated version that touches on all key
issues.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
 
From: s 22(1)
 
Sent: Friday, 14 January 2022 4:04 PM
To: s 22(1)
Subject: MC21-047697 draft
 
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His 22(1)
 
I’ve finished a first draft of the MC21-047697 ministerial correspondence. It covers off
everything that appears to be necessary: WHS, entitlements, and general workplace protections.
I have noted that the document is a first draft as I do think it needs to be shortened.
 
Could you please take a look at this and advise where it could be shortened? It may need to be
balanced with addressing the Minister/Chair’s concerns at an appropriate level.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
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Document 6 - Page 1 of 3
From:
s 22(1)
To:
s 22(1)
Subject:
FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Wednesday, 12 January 2022 12:22:08 PM
Attachments:
image001.png
RE Ministerial correspondence - urgent request for standard words SECOFFICIAL.msg
OFFICIAL
 
Hi s 22(1)
 
As discussed yesterday, here are the standard words provided by WH&S policy. I’ve also
attached an email containing standard words from the policy team that heads entitlements
compliance.
 
I’m putting something together now for the petition response.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
Sent: Wednesday, 12 January 2022 9:53 AM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
 
Sorry for the delay in getting back to you. Please see below a couple of paragraphs of standard
words regarding the model WHS laws and the duties of a PCBU:
 
All Australians, regardless of their occupation or how they are engaged, have the right to
healthy, safe and well-designed work. WHS regulation in Australia is a shared
responsibility, with each jurisdiction responsible for implementing, regulating and
enforcing their own WHS laws.
 
Australia has model WHS laws that have been adopted in all jurisdictions except Victoria.
Western Australia has passed a new WHS Act, based on the model WHS Act, which is
expected to commence in 2022. The model WHS Act provides a framework to protect
the health and safety of all workers at work and of other people who might be affected
by that work. While WHS is a shared responsibility with the states and territories, the
Government takes a leadership role to achieve best practice protections for all Australian
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Document 6 - Page 2 of 3
workers.
 
The model WHS Act includes a primary duty of care imposed on a person conducting a
business or undertaking (PCBU) to ensure that all persons in the workplace, including
workers and visitors, are not exposed to health and safety risks. This duty requires risks
to health and safety to be eliminated or minimised so far as is reasonably practicable.
WHS Ministers recently agreed to amend the model WHS Regulations to also deal with
psychological health.
 
Officers of a PCBU must exercise due diligence to ensure compliance by the PCBU with
its health and safety obligations. This duty relates to strategic, structural, policy and key
resourcing decisions. The model Act also imposes WHS duties on workers, including that
they must take reasonable care for their own health and safety and others in the
workplace, and that they must comply with reasonable instructions of the PCBU and co-
operate with any reasonable policy or procedure of the PCBU. Other persons at a
workplace must also take reasonable care for their own health and safety, and ensure
their acts and omissions do not adversely affect the health and safety of other persons
while at work.
 
The model WHS laws currently contain criminal offences that hold companies and
individuals accountable for any breaches of their duties of care to workers, regardless of
whether an accident occurs. There are criminal sanctions under the model WHS laws for
those who breach their duties, with terms of imprisonment of up to five years for
individuals, and fines of up to $3 million for companies and $600,000 for individuals.
 
We hope the above is of assistance, please do not hesitate to contact me if you require anything
further.
 
Thanks
s 22(1)
 s 22(1)
Policy Officer
WHS Framework | Safety and Compensation Policy Branch
Safety and Industry Division
Attorney-General’s Department
s 22(1)
 | www.ag.gov.au
Indigenous signature block NEW
 
 
 
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:44 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Page 18
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Document 6 - Page 3 of 3
 
OFFICIAL
  s 22(1)
Hi 
 
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
OFFICIAL
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Document 7 - Page 1 of 1
From:
s 22(1)
To:
s 22(1)
Subject:
FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Monday, 10 January 2022 4:17:53 PM
Attachments:
MC21-047697 (petition).pdf
OFFICIAL
 
Hi s 22(1)
 
Just forwarding this one onto you to let you know that the WH&S request has gone out.
 
s 22(1)
OFFICIAL
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:41 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
 
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 8 - Page 1 of 4
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Monday, 17 January 2022 3:16:26 PM
Attachments:
MC21-047697 draft (AF).docx
image001.png
OFFICIAL
 
Hi s 22(1)
 
I have reviewed this correspondence and it is broadly consistent with the wording we provided.
 
In terms of changes, they have said that the model WHS laws have been adopted by ‘almost all’
jurisdictions rather than our usual words noting the status of Vic and WA. They have also slightly
edited what we sent regarding the duties of officers of a PCBU.
 
I am of the view that the changes are not major and would not propose to suggest any further
amendments.
 
s 22(1)
OFFICIAL
From: s 22(1)
 
Sent: Monday, 17 January 2022 2:49 PM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
H s 22(1)
 
Thank you again for providing us with standard words on model WHS laws.
 
Could your team please do a final review to see if there is anything in addition you may like to
add, noting we have only made minor adjustments?
 
It would be greatly appreciated if you could get back to us about this by COB today.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
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Document 8 - Page 2 of 4
Sent: Wednesday, 12 January 2022 12:18 PM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)
Thank you again for the fast turnaround! I appreciate your team getting this one back so quickly.
Kind regards
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
OFFICIAL
From: s 22(1)
Sent: Wednesday, 12 January 2022 9:53 AM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)
Sorry for the delay in getting back to you. Please see below a couple of paragraphs of standard
words regarding the model WHS laws and the duties of a PCBU:
All Australians, regardless of their occupation or how they are engaged, have the right to
healthy, safe and well-designed work. WHS regulation in Australia is a shared
responsibility, with each jurisdiction responsible for implementing, regulating and
enforcing their own WHS laws.
Australia has model WHS laws that have been adopted in all jurisdictions except Victoria.
Western Australia has passed a new WHS Act, based on the model WHS Act, which is
expected to commence in 2022. The model WHS Act provides a framework to protect
the health and safety of all workers at work and of other people who might be affected
by that work. While WHS is a shared responsibility with the states and territories, the
Government takes a leadership role to achieve best practice protections for all Australian
workers.
The model WHS Act includes a primary duty of care imposed on a person conducting a
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---

Document 8 - Page 3 of 4
business or undertaking (PCBU) to ensure that all persons in the workplace, including
workers and visitors, are not exposed to health and safety risks. This duty requires risks
to health and safety to be eliminated or minimised so far as is reasonably practicable.
WHS Ministers recently agreed to amend the model WHS Regulations to also deal with
psychological health.
 
Officers of a PCBU must exercise due diligence to ensure compliance by the PCBU with
its health and safety obligations. This duty relates to strategic, structural, policy and key
resourcing decisions. The model Act also imposes WHS duties on workers, including that
they must take reasonable care for their own health and safety and others in the
workplace, and that they must comply with reasonable instructions of the PCBU and co-
operate with any reasonable policy or procedure of the PCBU. Other persons at a
workplace must also take reasonable care for their own health and safety, and ensure
their acts and omissions do not adversely affect the health and safety of other persons
while at work.
 
The model WHS laws currently contain criminal offences that hold companies and
individuals accountable for any breaches of their duties of care to workers, regardless of
whether an accident occurs. There are criminal sanctions under the model WHS laws for
those who breach their duties, with terms of imprisonment of up to five years for
individuals, and fines of up to $3 million for companies and $600,000 for individuals.
 
We hope the above is of assistance, please do not hesitate to contact me if you require anything
further.
 
Thanks
s 22(1)
 
s 22(1)
Policy Officer
WHS Framework | Safety and Compensation Policy Branch
Safety and Industry Division
Attorney-General’s Department
s 22(1)
 www.ag.gov.au
Indigenous signature block NEW
 
 
 
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:44 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Page 23
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Document 8 - Page 4 of 4
Hi s 22(1)
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
Kind regards
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
OFFICIAL
OFFICIAL
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Document 9 - Page 1 of 4
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Wednesday, 12 January 2022 9:41:00 AM
Attachments:
image001.png
OFFICIAL
 
Thanks s 22(1)  one extra paragraph included, please package up and send on to s 22(1)
 
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 2:05 PM
To: s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Thankss 22(1)  – please see below in paragraph format:
 
All Australians, regardless of their occupation or how they are engaged, have the right to
healthy, safe and well-designed work. WHS regulation in Australia is a shared responsibility, with
each jurisdiction responsible for implementing, regulating and enforcing their own WHS laws.
 
Australia has model WHS laws that have been adopted in all jurisdictions except Victoria.
Western Australia has passed a new WHS Act, based on the model WHS Act, which is expected
to commence in 2022. The model WHS Act provides a framework to protect the health and
safety of all workers at work and of other people who might be affected by that work. While
WHS is a shared responsibility with the states and territories, the Government takes a leadership
role to achieve best practice protections for all Australian workers.
 
The model WHS Act includes a primary duty of care imposed on a person conducting a business
or undertaking (PCBU) to ensure that all persons in the workplace, including workers and visitors,
are not exposed to health and safety risks. This duty requires risks to health and safety to be
eliminated or minimised so far as is reasonably practicable. WHS Ministers recently agreed to
amend the model WHS Regulations to also deal with psychological health.
 
Officers of a PCBU must exercise due diligence to ensure compliance by the PCBU with its health
and safety obligations. This duty relates to strategic, structural, policy and key resourcing
decisions. The model Act also imposes WHS duties on workers, including that they must take
reasonable care for their own health and safety and others in the workplace, and that they must
comply with reasonable instructions of the PCBU and co-operate with any reasonable policy or
procedure of the PCBU. Other persons at a workplace must also take reasonable care for their
own health and safety, and ensure their acts and omissions do not adversely affect the health
and safety of other persons while at work.
 
The model WHS laws currently contain criminal offences that hold companies and individuals
accountable for any breaches of their duties of care to workers, regardless of whether an
accident occurs. There are criminal sanctions under the model WHS laws for those who breach
Page 25
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---

Document 9 - Page 2 of 4
their duties, with terms of imprisonment of up to five years for individuals, and fines of up to $3
million for companies and $600,000 for individuals.
 
s 22(1)
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 12:23 PM
To: s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Thanks s 22(1)
 
This will be part of a corro, so could you turn it into paragraphs rather than dot points?
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 11:27 AM
To: s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
Hi s 22(1)
 
Below are some standard words which I think cover the issues outlined in the correspondence:
  All Australians, regardless of their occupation or how they are engaged, have the right to
healthy, safe and well-designed work.
WHS regulation in Australia is a shared responsibility, with each jurisdiction responsible for
implementing, regulating and enforcing their own WHS laws.
·       Australia has model WHS laws that have been adopted in all jurisdictions except Victoria.
Western Australia has passed a new WHS Act, based on the model WHS Act, which is
expected to commence in 2022.
·       The model WHS Act provides a framework to protect the health and safety of all workers at
work and of other people who might be affected by that work.
While WHS is a shared responsibility with the states and territories, the Government takes a
leadership role to achieve best practice protections for all Australian workers.
The model WHS Act includes a primary duty of care imposed on a person conducting a
business or undertaking (PCBU) to ensure that all persons in the workplace, including workers
and visitors, are not exposed to health and safety risks. This duty requires risks to health and
safety to be eliminated or minimised so far as is reasonably practicable.
WHS Ministers recently agreed to amend the model WHS Regulations to also deal with
psychological health.
Officers of a PCBU must exercise due diligence to ensure compliance by the PCBU with its
health and safety obligations. This duty relates to strategic, structural, policy and key
resourcing decisions.
The model Act also imposes WHS duties on workers, including that they must take reasonable
care for their own health and safety and others in the workplace, and that they must comply
with reasonable instructions of the PCBU and co-operate with any reasonable policy or
procedure of the PCBU. Other persons at a workplace must also take reasonable care for their
own health and safety, and ensure their acts and omissions do not adversely affect the health
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---

Document 9 - Page 3 of 4
and safety of other persons while at work.
 
Let me know if there is anything else you think we need to add to this. Also, do we need to check
with s 22(1) before responding to s 22(1)
 
Thanks
s 22(1)
 s 22(1)
Policy Officer
WHS Framework | Safety and Compensation Policy Branch
Safety and Industry Division
Attorney-General’s Department
s 22(1)
 www.ag.gov.au
Indigenous signature block NEW
 
 
 
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 11:00 AM
To: s 22(1)
Subject: FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
And the attachment…
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 10:53 AM
To: s 22(1)
Subject: FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)  – is this one your team could take on?
OFFICIAL
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:44 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
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---

Document 9 - Page 4 of 4
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
Kind regards
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
OFFICIAL
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Document 10 - Page 1 of 1
From:
s 22(1)
To:
s 22(1)
Subject:
FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Tuesday, 11 January 2022 10:52:33 AM
Attachments:
MC21-047697 (petition).pdf
OFFICIAL
 
Hi s 
– is this one your team could take on?
22(1)
OFFICIAL
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:44 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
 
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 11 - Page 1 of 1
From:
s 22(1)
To:
s 22(1)
Subject:
RE: MC21-047697 draft
Date:
Friday, 14 January 2022 4:46:26 PM
Attachments:
MC21-047697 draft (AF revision).docx
Hi s 22(1)
 
I’ve had a go at shortening the document. Attached is an updated version that touches on all key
issues.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
 
From: s 22(1)
 
Sent: Friday, 14 January 2022 4:04 PM
To: s 22(1)
Subject: MC21-047697 draft
 
Hi s 22(1)
 
I’ve finished a first draft of the MC21-047697 ministerial correspondence. It covers off
everything that appears to be necessary: WHS, entitlements, and general workplace protections.
I have noted that the document is a first draft as I do think it needs to be shortened.
 
Could you please take a look at this and advise where it could be shortened? It may need to be
balanced with addressing the Minister/Chair’s concerns at an appropriate level.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
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Document 12 - Page 1 of 3
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1), s 47E(d)
Subject:
RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Tuesday, 11 January 2022 3:32:47 PM
OFFICIAL
 
Hi s 22(1)
 
Thank you again for the fast turnaround. Really appreciate your team getting this one back so
quickly.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 2:10 PM
To: s 22(1)
Cc: s 22(1)
Yanchenko, Danica s 47E(d)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
,
 
We’ve pulled together the below standard words on: what the Government is doing about
underpayment; the FWO’s prioritisation process; large corporates (incl. Coles and Woolworths).
 
If there’s something else you’d like some input on, we should be able to provide it tomorrow,
just let us know.
 
The Government has zero tolerance for the exploitation of workers, including the
underpayment of wages and entitlements by any employer.
 
The Fair Work Ombudsman (FWO) is the national workplace relations regulator,
responsible for providing education, assistance and advice about the Commonwealth
workplace relations system and impartially enforcing compliance with workplace laws.
Since 2016, the Government has committed over $180 million in new funding to the
FWO to prevent wage underpayment and improve compliance with workplace laws. The
Government has also strengthened the FWO’s evidence-gathering powers and
increased, by tenfold, the penalties for ‘serious contraventions’ of the Fair Work Act
2009.
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Document 12 - Page 2 of 3
The FWO sets annual compliance and enforcement priorities that reflect the industries
with the highest risk of non-compliance. In 2021-22, the FWO’s priorities include fast
food, restaurants and cafes, and large corporate underpayments.
In the 2020-21 Budget, the Government provided $22.3 million in funding to the FWO to
establish a dedicated Corporate Sector Assurance team to identify, investigate and
respond to non-compliance by large corporates. As part of the FWO’s focus on large
corporate non-compliance, the FWO commenced legal proceedings in the Federal Court
on 2 December 2021 against Coles Supermarkets Australia Pty Ltd, for the alleged
underpayment of salaried employees of $115 million.  The FWO also commenced
proceedings in the Federal Court on 17 June 2021 against Woolworths Group Limited
and Woolworths (South Australia) for the alleged underpayment of salaried workers.
Any worker with concerns about their workplace entitlements, such as pay and
conditions, should contact the FWO for assistance on 13 13 94 or
at www.fairwork.gov.au. 
Regards,
s 22(1)
A/g Director
Workplace Compliance | Workplace Compliance and Enforcement Policy Branch
Attorney-General’s Department
s 22(1)
www.ag.gov.au
OFFICIAL
From: s 22(1)
Sent: Monday, 10 January 2022 4:16 PM
To: s 22(1)
Cc: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Good afternoons 22(1)
During the holiday period the Employment Protections team from the Industrial Relations
Strategy Branch received ministerial correspondence (attached) from Minister Ken O'Dowd, the
Chair of the Petitions Committee. The correspondence relates to a petition, which discusses
breach of workplace conditions (entitlements including wages and unpaid overtime), alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the issues that arise on workplace compliance in the petition.
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
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---

Document 12 - Page 3 of 3
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 13 - Page 1 of 2
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Monday, 10 January 2022 4:25:25 PM
OFFICIAL
 
His 22(1) if we aim for COB tomorrow will that be too late? I’ll need to clear through my AS.
 
Regards,
s 22(1)
A/g Director
Workplace Compliance | Workplace Compliance and Enforcement Policy Branch
Attorney-General’s Department
s 22(1)
www.ag.gov.au
 
 
OFFICIAL
From: s 22(1)
 
Sent: Monday, 10 January 2022 4:16 PM
To: s 22(1)
Cc: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Good afternoon s 22(1)
 
During the holiday period the Employment Protections team from the Industrial Relations
Strategy Branch received ministerial correspondence (attached) from Minister Ken O'Dowd, the
Chair of the Petitions Committee. The correspondence relates to a petition, which discusses
breach of workplace conditions (entitlements including wages and unpaid overtime), alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the issues that arise on workplace compliance in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Page 34
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Document 13 - Page 2 of 2
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 14 - Page 1 of 2
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Tuesday, 11 January 2022 11:05:00 AM
Attachments:
MC21-047697 (petition).pdf
image001.png
Hi s 22(1)
 
We are looking at this for you now and will provide some standard words shortly.
 
Thanks
s 22(1)
 s 22(1)
Policy Officer
WHS Framework | Safety and Compensation Policy Branch
Safety and Industry Division
Attorney-General’s Department
s 22(1)
 www.ag.gov.au
Indigenous signature block NEW
 
 
 
 
OFFICIAL
 
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:44 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
His 22(1)
 
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
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Document 14 - Page 2 of 2
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
Kind regards
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
OFFICIAL
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Document 15 - Page 1 of 4
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Monday, 17 January 2022 3:18:00 PM
Attachments:
image001.png
OFFICIAL
Thankss 22(1)
Agreed, happy for you to go back to Angela to let her know no further changes.
Kind regards
s 22(1)
OFFICIAL
From: s 22(1)
Sent: Monday, 17 January 2022 3:16 PM
To: s 22(1)
Cc: s 22(1)
Subject: FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)
I have reviewed this correspondence and it is broadly consistent with the wording we provided.
In terms of changes, they have said that the model WHS laws have been adopted by ‘almost all’
jurisdictions rather than our usual words noting the status of Vic and WA. They have also slightly
edited what we sent regarding the duties of officers of a PCBU.
I am of the view that the changes are not major and would not propose to suggest any further
amendments.
s 22(1)
OFFICIAL
From: s 22(1)
Sent: Monday, 17 January 2022 2:49 PM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)
Thank you again for providing us with standard words on model WHS laws.
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Document 15 - Page 2 of 4
Could your team please do a final review to see if there is anything in addition you may like to
add, noting we have only made minor adjustments?
It would be greatly appreciated if you could get back to us about this by COB today.
Kind regards
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
OFFICIAL
From: s 22(1)
Sent: Wednesday, 12 January 2022 12:18 PM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)
Thank you again for the fast turnaround! I appreciate your team getting this one back so quickly.
Kind regards
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
OFFICIAL
From: s 22(1)
Sent: Wednesday, 12 January 2022 9:53 AM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)
Sorry for the delay in getting back to you. Please see below a couple of paragraphs of standard
words regarding the model WHS laws and the duties of a PCBU:
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---

Document 15 - Page 3 of 4
All Australians, regardless of their occupation or how they are engaged, have the right to
healthy, safe and well-designed work. WHS regulation in Australia is a shared
responsibility, with each jurisdiction responsible for implementing, regulating and
enforcing their own WHS laws.
Australia has model WHS laws that have been adopted in all jurisdictions except Victoria.
Western Australia has passed a new WHS Act, based on the model WHS Act, which is
expected to commence in 2022. The model WHS Act provides a framework to protect
the health and safety of all workers at work and of other people who might be affected
by that work. While WHS is a shared responsibility with the states and territories, the
Government takes a leadership role to achieve best practice protections for all Australian
workers.
The model WHS Act includes a primary duty of care imposed on a person conducting a
business or undertaking (PCBU) to ensure that all persons in the workplace, including
workers and visitors, are not exposed to health and safety risks. This duty requires risks
to health and safety to be eliminated or minimised so far as is reasonably practicable.
WHS Ministers recently agreed to amend the model WHS Regulations to also deal with
psychological health.
Officers of a PCBU must exercise due diligence to ensure compliance by the PCBU with
its health and safety obligations. This duty relates to strategic, structural, policy and key
resourcing decisions. The model Act also imposes WHS duties on workers, including that
they must take reasonable care for their own health and safety and others in the
workplace, and that they must comply with reasonable instructions of the PCBU and co-
operate with any reasonable policy or procedure of the PCBU. Other persons at a
workplace must also take reasonable care for their own health and safety, and ensure
their acts and omissions do not adversely affect the health and safety of other persons
while at work.
The model WHS laws currently contain criminal offences that hold companies and
individuals accountable for any breaches of their duties of care to workers, regardless of
whether an accident occurs. There are criminal sanctions under the model WHS laws for
those who breach their duties, with terms of imprisonment of up to five years for
individuals, and fines of up to $3 million for companies and $600,000 for individuals.
We hope the above is of assistance, please do not hesitate to contact me if you require anything
further.
Thanks
s 22(1)
s 22(1)
Policy Officer
WHS Framework | Safety and Compensation Policy Branch
Safety and Industry Division
Attorney-General’s Department
s 22(1)
 www.ag.gov.au
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Document 15 - Page 4 of 4
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Document 16 - Page 1 of 4
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Monday, 17 January 2022 3:23:56 PM
Attachments:
image001.png
OFFICIAL
 
Hi s 22(1)
 
No worries at all. We have done a final review of the correspondence and propose no further
changes or additions for our end.
 
Kind regards
s 22(1)
s 22(1)
Policy Officer
WHS Framework | Safety and Compensation Policy Branch
Safety and Industry Division
Attorney-General’s Department
s 22(1)
 www.ag.gov.au
Indigenous signature block NEW
 
 
OFFICIAL
From: s 22(1)
 
Sent: Monday, 17 January 2022 2:49 PM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
  s 22(1)
Hi
 
Thank you again for providing us with standard words on model WHS laws.
 
Could your team please do a final review to see if there is anything in addition you may like to
add, noting we have only made minor adjustments?
 
It would be greatly appreciated if you could get back to us about this by COB today.
 
Kind regards
Page 42
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Document 16 - Page 2 of 4
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
Sent: Wednesday, 12 January 2022 12:18 PM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
 
Thank you again for the fast turnaround! I appreciate your team getting this one back so quickly.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
 
OFFICIAL
From: s 22(1)
 
Sent: Wednesday, 12 January 2022 9:53 AM
To: s 22(1)
Cc: s 22(1)
s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)
 
Sorry for the delay in getting back to you. Please see below a couple of paragraphs of standard
words regarding the model WHS laws and the duties of a PCBU:
 
All Australians, regardless of their occupation or how they are engaged, have the right to
healthy, safe and well-designed work. WHS regulation in Australia is a shared
responsibility, with each jurisdiction responsible for implementing, regulating and
enforcing their own WHS laws.
 
Australia has model WHS laws that have been adopted in all jurisdictions except Victoria.
Page 43
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---

Document 16 - Page 3 of 4
Western Australia has passed a new WHS Act, based on the model WHS Act, which is
expected to commence in 2022. The model WHS Act provides a framework to protect
the health and safety of all workers at work and of other people who might be affected
by that work. While WHS is a shared responsibility with the states and territories, the
Government takes a leadership role to achieve best practice protections for all Australian
workers.
 
The model WHS Act includes a primary duty of care imposed on a person conducting a
business or undertaking (PCBU) to ensure that all persons in the workplace, including
workers and visitors, are not exposed to health and safety risks. This duty requires risks
to health and safety to be eliminated or minimised so far as is reasonably practicable.
WHS Ministers recently agreed to amend the model WHS Regulations to also deal with
psychological health.
 
Officers of a PCBU must exercise due diligence to ensure compliance by the PCBU with
its health and safety obligations. This duty relates to strategic, structural, policy and key
resourcing decisions. The model Act also imposes WHS duties on workers, including that
they must take reasonable care for their own health and safety and others in the
workplace, and that they must comply with reasonable instructions of the PCBU and co-
operate with any reasonable policy or procedure of the PCBU. Other persons at a
workplace must also take reasonable care for their own health and safety, and ensure
their acts and omissions do not adversely affect the health and safety of other persons
while at work.
 
The model WHS laws currently contain criminal offences that hold companies and
individuals accountable for any breaches of their duties of care to workers, regardless of
whether an accident occurs. There are criminal sanctions under the model WHS laws for
those who breach their duties, with terms of imprisonment of up to five years for
individuals, and fines of up to $3 million for companies and $600,000 for individuals.
 
We hope the above is of assistance, please do not hesitate to contact me if you require anything
further.
 
Thanks
s 22(1)
 s 22(1)
Policy Officer
WHS Framework | Safety and Compensation Policy Branch
Safety and Industry Division
Attorney-General’s Department
s 22(1)
 www.ag.gov.au
Indigenous signature block NEW
 
 
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Document 16 - Page 4 of 4
 
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:44 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
His 22(1)
 
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
OFFICIAL
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Document 17 - Page 1 of 2
From:
s 22(1)
To:
s 22(1)
Cc:
s 22(1)
Subject:
RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
Date:
Tuesday, 11 January 2022 11:02:22 AM
OFFICIAL
 
Yes happy to look at this and will let s 22(1)  know 
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 11:01 AM
To: s 22(1)
Cc: s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Thanks all –s 
s 22(1)
22(1)  would you mind also letting 
 know you’re looking at it?
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 10:59 AM
To: s 22(1)
Cc: s 22(1)
Subject: RE: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Sure thing.
s 22(1) ould you dig up some words? By the looks of it, standard words should mostly cover it, I
think general stuff on the PCBU duty and the split responsibility of the jurisdictions would be the
place to start.
 
Thanks s 22(1)
OFFICIAL
From: s 22(1)
 
Sent: Tuesday, 11 January 2022 10:53 AM
To: s 22(1)
Subject: FW: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
 
OFFICIAL
 
Hi s 22(1)  is this one your team could take on?
OFFICIAL
From: s 22(1)
 
Sent: Monday, 10 January 2022 3:44 PM
To: s 22(1)
Subject: Ministerial correspondence - urgent request for standard words [SEC=OFFICIAL]
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Document 17 - Page 2 of 2
 
OFFICIAL
 
Hi s 22(1)
 
During the holiday period the Employment Protections team received ministerial
correspondence (attached) from Minister Ken O'Dowd, the Chair of the Petitions Committee.
The correspondence relates to a petition, which discusses WHS and workplace culture, alongside
other matters. We are hoping to include standard words about the law and the government’s
position on some of the WHS and workplace culture issues that arise in the petition.
 
Is your team able to provide some standard words on this as soon as possible? If there is a team
in your branch that may deal with another aspect of the correspondence, this advice would also
be greatly appreciated.
 
I apologise for the urgent request. Time available to prepare a response has been reduced as a
result of the Christmas shutdown.
 
Please let me know if a time extension is needed. We are aiming to get the response finalised
this week, but we should still be in a good position to receive input at a time later this week if
required.
 
Kind regards
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 18 - Page 1 of 2
From:
s 22(1)
To:
s 22(1)
Subject:
WHS standard words [SEC=OFFICIAL]
Date:
Monday, 17 January 2022 10:32:00 AM
Attachments:
RE Ministerial correspondence - urgent request for standard words SECOFFICIAL.msg
OFFICIAL
 
His 22(1)
 
Below are the words on WHS contributed by s 22(1)
team. s 22(1)
 was the primary
contact.
 
All Australians, regardless of their occupation or how they are engaged, have the right to
healthy, safe and well-designed work. WHS regulation in Australia is a shared
responsibility, with each jurisdiction responsible for implementing, regulating and
enforcing their own WHS laws.
 
Australia has model WHS laws that have been adopted in all jurisdictions except Victoria.
Western Australia has passed a new WHS Act, based on the model WHS Act, which is
expected to commence in 2022. The model WHS Act provides a framework to protect
the health and safety of all workers at work and of other people who might be affected
by that work. While WHS is a shared responsibility with the states and territories, the
Government takes a leadership role to achieve best practice protections for all Australian
workers.
 
The model WHS Act includes a primary duty of care imposed on a person conducting a
business or undertaking (PCBU) to ensure that all persons in the workplace, including
workers and visitors, are not exposed to health and safety risks. This duty requires risks
to health and safety to be eliminated or minimised so far as is reasonably practicable.
WHS Ministers recently agreed to amend the model WHS Regulations to also deal with
psychological health.
 
Officers of a PCBU must exercise due diligence to ensure compliance by the PCBU with
its health and safety obligations. This duty relates to strategic, structural, policy and key
resourcing decisions. The model Act also imposes WHS duties on workers, including that
they must take reasonable care for their own health and safety and others in the
workplace, and that they must comply with reasonable instructions of the PCBU and co-
operate with any reasonable policy or procedure of the PCBU. Other persons at a
workplace must also take reasonable care for their own health and safety, and ensure
their acts and omissions do not adversely affect the health and safety of other persons
while at work.
 
The model WHS laws currently contain criminal offences that hold companies and
individuals accountable for any breaches of their duties of care to workers, regardless of
whether an accident occurs. There are criminal sanctions under the model WHS laws for
those who breach their duties, with terms of imprisonment of up to five years for
individuals, and fines of up to $3 million for companies and $600,000 for individuals.
 
Kind regards
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Document 18 - Page 2 of 2
 
s 22(1)
Employee Protections | Industrial Relations Strategy Branch
s 22(1)
 
OFFICIAL
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Document 19 - Page 1 of 2
From:
s 22(1)
To:
xxxxxxxxx.xxxxxxxxx.xxxx@xxx.xxx.xx
Cc:
s 22(1)
Subject:
RE: Petition Ministerial Referral (EN3533) [SEC=OFFICIAL]
Date:
Friday, 28 January 2022 10:47:47 AM
Attachments:
ATT00001.bin
ATT00002.bin
ATT00003.tif
MC21-047697 - Petition.pdf
OFFICIAL
Good morning
 
Please find attached letter from the Attorney-General regarding Petition EN3533.
 
Kind regards
 
s 22(1)
 
s 22(1)
 Departmental Liaison Officer
Office of Senator the Hon Michaelia Cash
Attorney-General
Minister for Industrial Relations
Deputy Leader of the Government in the Senate
s 22(1)
 
 
OFFICIAL
 
From: xxxxxxxxx@xxx.xxx.xx [mailto:webmaster@aph gov au] 
Sent: Monday, 29 November 2021 12:36 PM
To: AGO DLO s 22(1)
Subject: Petition Ministerial Referral (EN3533)
 
CAUTION: This email originated from outside of the organisation  Do not follow guidance, click links, or open attachments unless you recognise the sender and know the
content is safe
 
 
29/11/2021 
Senator the Hon Michaelia Cash
Attorney-General
Parliament House 
Canberra ACT 2600
 
Dear Attorney-General,
A petition on the following terms was recently presented in the House.
Presentation date:
29/11/2021
Petition number:
EN3533 (Please quote in future correspondence)
Number of signatures:
1213
 
Terms:
Reason: On the day of writing, 20/10/2021, Woolworths recalled scissors and knives from shelves in response to a customer stabbing.
Earlier this week, Woolworths paid a grieving family $6000 after their son took his life; a result of workplace entrapment. This act
alone demonstrates Woolworths will sacrifice tens of thousands in sales to appear like they care for customers, but value their
employees at $6000. Woolworths, Coles, McDonalds and other giants that employ low-skilled workers operate with a systemic culture
of managerial abuse seen through budget cuts, gaslighting and coercion. Budget cuts are especially damaging to employees; not only
giving the poorest workers unreliable income but forcing salaried managers to work hours of overtime with no extra pay to achieve
the work required. Some managers even resort to narcotics to maintain an alert state. Woolworths uses an "O.R %" to calculate
wages; hours needed vs hours budgeted. Departments are expected to operate at above 100%. A department may receive at 28hr
work load that day, but only be budgeted 20hrs to complete the work. As a result, shortcuts are taken and substance abuse begins to
frantically meet those hours until the budgets are cut again.
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Document 19 - Page 2 of 2
Request: We therefore ask the House to support the establishment of such a Royal Commission into Retail and Fast Food conditions
and culture.
As you may be aware, under Standing Order 209(a) and (b) the Petitions Committee may refer a copy of a petition to the Minister
responsible for the administration of the matter raised in the petition. Written responses to the referred petition are expected within 90
days of presentation to the House.
When the response has been considered by the Committee it will be presented in the House, recorded in Hansard and posted on the
Committee's website at: http://www.aph.gov.au/petitions. 
I look forward to receiving your response in due course.
Please email your response to the Petitions Committee at xxxxxxxxx.xxxxxxxxx.xxxx@xxx.xxx.xx
Yours sincerely
Mr Ken O'Dowd MP
Chair
 
STANDING COMMITTEE ON PETITIONS
PO Box 6021, Parliament House, Canberra ACT 2600 | Phone: (02) 6277 2152 | Email: petitions committee reps@aph gov au
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Document 20 - Page 1 of 4
PDR Number MC21-047697 
 
 
Date of Letter 29 November 2021 
 
ATTORNEY REPLY 
CORRESPONDENT 
Mr Ken O'Dowd MP 
Chair 
Standing Committee on Petitions 
 
SUBJECT:  PRIORITY B - Petition requesting the establishment of a Royal Commission 
 
DEADLINE FOR RESPONSE: 27 February 2022 
 
HISTORY:   
 
Date received by MO: 
30 November 2021 
Date received by Dept: 
30 November 2021 
Date due in MO: 
17 January 2022 
Date sent to MO: 
20 January 2022 
Date returned for 
N/A 
redraft: 
Date redrafted and 
N/A 
returned to MO: 
Reason if overdue: 
No reason provided to MCU 
 
 
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Senator the Hon Michaelia Cash 
Attorney-General 
Minister for Industrial Relations 
Deputy Leader of the Government in the Senate 
 
Reference: MC21-047697 
 
 
Mr Ken O'Dowd MP 
Chair 
Standing Committee on Petitions 
Parliament House 
CANBERRA  ACT  2600 
By email: xxxxxxxxx.xxxxxxxxx.xxxx@xxx.xxx.xx 
 
 
Dear Chair 
 
Thank you for your email of 29 November 2021 regarding petition EN3533, which requests the 
establishment of a Royal Commission into conditions and culture in the Retail and Fast Food 
sectors. I welcome the opportunity to respond to the petition. 
 
The petition raises concerns in relation to work health and safety (WHS). The Government is a 
firm believer that all Australians, regardless of their occupation or how they are engaged, have 
the right to healthy, safe and well-designed work. While WHS is a shared responsibility with the 
states and territories, the Government takes a leadership role in developing model WHS laws 
which have been adopted by almost all jurisdictions. 
 
The model WHS Act provides a framework to protect the health and safety of all workers at 
work and of other people who might be affected by that work. The model WHS Act imposes a 
primary duty of care on a person conducting a business or undertaking (PCBU) to ensure that all 
persons in the workplace, including workers and visitors, are not exposed to health and safety 
risks. This duty requires risks to health and safety to be eliminated or minimised so far as is 
reasonably practicable. WHS Ministers also recently agreed to amend the model WHS 
Regulations to deal with psychological health. 
 
Officers of a PCBU must also exercise due diligence to ensure compliance by a PCBU with its 
health and safety obligations. This duty applies to key strategic, structural, policy and resourcing 
decisions. Workers also have a duty to take reasonable care for their own health and safety and 
not adversely affect the safety of others, including through workplace drug abuse. 
 
Companies and individuals who breach their duties of care can be subject to criminal offences 
and sanctions, regardless of whether an incident occurs. This includes imprisonment of up to 
five years for individuals, and fines of up to $3 million for companies and $600,000 for 
individuals. 
 
The petition also raises concerns in relation to working conditions. The Australian Government 
has zero tolerance for the exploitation of workers, including the underpayment of wages and 
entitlements by any employer. 
 
 
Perth 
Canberra 
 
44 Out
Page ram
54  Street, West Perth WA 6005 
Attorney-General's Department - Documents released under  Parliamen
FOI22/086 t House, Canberra ACT 2600 
 
 
Ph 08 9226 2000 
Ph 02 6277 7300 
 

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The Fair Work Ombudsman (FWO) is the national workplace relations regulator, responsible for 
providing education, assistance and advice about the Commonwealth workplace relations system 
and impartially enforcing compliance with the Fair Work Act 2009 (FW Act). Since 2016, the 
Government has committed over $180 million in new funding to the FWO to prevent wage 
underpayment and improve compliance with workplace laws. The Government has also 
strengthened the FWO’s evidence-gathering powers and increased, by tenfold, the penalties for 
‘serious contraventions’ of the FW Act. 
 
The FWO sets annual compliance and enforcement priorities that reflect the industries with the 
highest risk of non-compliance. In 2021-22, the FWO’s priorities include fast food, restaurants 
and cafes, and large corporate underpayments.  
 
In the 2020-21 Budget, the Government provided $22.3 million in funding to the FWO to 
establish a dedicated Corporate Sector Assurance team to identify, investigate and respond to 
non-compliance by large corporates. As part of the FWO’s focus on large corporate non-
compliance, the FWO commenced legal proceedings in the Federal Court on 2 December 2021 
against Coles Supermarkets Australia Pty Ltd, for the alleged underpayment of salaried 
employees of $115 million. The FWO also commenced proceedings in the Federal Court on 
17 June 2021 against Woolworths Group Limited and Woolworths (South Australia) for the 
alleged underpayment of salaried workers.  
 
The FW Act also includes strong general protections provisions which make it unlawful for an 
employer to take adverse action or engage in coercive conduct against an employee because they 
have a workplace right, exercise a workplace right or propose to exercise a workplace right. This 
includes making a complaint or raising a question in relation to their employment.  
 
Workers who have concerns about their employment can contact the FWO for free advice and 
support. 
 
The Government is of the view that the current legal frameworks outlined above provide robust 
protections for all Australian workers while balancing the rights and responsibilities of 
employers and employees. 
 
Thank you again for bringing this petition to my attention. 
 
Yours sincerely 
 
 
 
 
 
Senator the Hon Michaelia Cash 
      /      / 2022 
 
 
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