What’s an infringement notice?
An infringement notice is similar to an on-the-spot fine. It can be issued to a party who doesn't comply with Commonwealth workplace laws covering record-keeping and pay slips.
Infringement notice fines
- $330 per contravention - for an individual
- $1,650 per contravention - for a corporation.
Who issues an infringement notice?
A Fair Work Inspector can issue infringement notices.
They must give an infringement notice within 12 months after the day the contravention allegedly took place.
Offences attracting an infringement notice
Infringement notices may be issued for:
- failing to give employees their pay slips within 1 day after their pay day
- failing to keep accurate and complete employment records.
It’s important to keep accurate records, so employees and Fair Work Inspectors can check that the employees get all the correct entitlements.
Pay slips & time and wages:
When an infringement notice is issued
A Fair Work Inspector decides whether or not to issue an infringement notice.
They may choose not to issue a notice if it’s the first time the party has contravened Commonwealth workplace laws. In this case, the Fair Work Inspector might find another way to get the party to fix the problem, such as issue them a contravention letter - a formal warning.
This gives the party the chance to fix the problem themselves. In this situation, the Fair Work Inspector often visits the party again in 6 months to check they have fixed the problem.
If the Fair Work Inspector finds the contravention is wilful, repetitive, or a way to avoid paying employees what they’re owed, they may issue an infringement notice or recommend the matter be taken to court. This happens whether or not it’s the first time the problem has happened.
Apply to withdraw an infringement notice
A party can apply to get the infringement notice withdrawn. This must be done within 28 days of the Fair Work Inspector issuing the notice.
Write to:
Attention: (Nominated Person)
Fair Work Ombudsman
National Office,
GPO Box 521,
Canberra ACT 2601
If we refuse to withdraw the infringement notice, the party must pay the penalty specified in the infringement notice.
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