The Voluntary Small Business Wage Compliance Code
(1) The Minister may, by legislative instrument, declare a Voluntary Small Business Wage Compliance Code. (2) If the Fair Work Ombudsman is satisfied that a small business employer complied with the Voluntary Small Business Wage Compliance Code in relation to a failure by the employer to pay an amount to, on behalf of, or for the benefit of, an employee, the Fair Work Ombudsman must not: (a) refer any conduct that resulted in the failure to the Director of Public Prosecutions or the Australian Federal Police for action in relation to a possible offence against subsection 327A(1); or (b) enter into a cooperation agreement with the employer that covers any conduct that resulted in the failure. (3) The Fair Work Ombudsman must give the employer written notice of a decision under subsection (2). (4) Subsection (2) does not affect: (a) the power of an inspector to institute or continue civil proceedings in relation to the conduct; or (b) the power of the Fair Work Ombudsman to accept an enforceable undertaking under section 715 in relation to the conduct; or (c) the power of an inspector to give a notice under section 716 in relation to the conduct; or (d) any other power or function of the Fair Work Ombudsman or an inspector that is not mentioned in paragraph (2)(a) or (b) of this section.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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