On this page:
We take your privacy very seriously.
Telling your employer about your complaint
If you make a workplace complaint to us, we tell your employer who you are when we investigate your complaint.
If you don't want your employer to know who you are, you need to write this on the complaint form. We can still investigate your workplace complaint, without revealing your identity, but your matter might become more difficult to resolve.
Sometimes, we're not able to investigate a workplace complaint without revealing your details. We will discuss this with you first.
If things get worse after you complain
If you think your workplace complaint is making your situation at work worse, contact us. Under the national workplace relations system, it's a workplace right to be able to make a complaint or ask questions about your employment.
Also, if you want a Fair Work Inspector to discuss your workplace complaint with someone else for you (eg. your spouse), write to the Fair Work Inspector and request this.
Need help? Call the Fair Work Infoline on 13 13 94.
Top of page
Disclosing personal information
General
We're bound by the Privacy Act 1988 when it comes to collecting, handling and disclosing your personal information.
We can only disclose your personal information to another person, body or agency in limited situations, such as when:
- you give us permission
- you're aware the information is usually passed onto such persons, bodies or agencies
- disclosing the information is needed to prevent or lessen a serious threat to someone's life or health
- disclosing the information is authorised by law
- disclosing the information is needed to enforce a criminal law, a law that imposes a penalty of money or a law that protects public revenue.
Our personal information policy
Under the Fair Work Act 2009, we can disclose personal information when we believe that disclosure is necessary or appropriate, or is likely to assist in the administration or enforcement of Commonwealth, state or territory laws.
For example, when investigating a workplace complaint, we may give the personal information of 1 party to the other party. This is done to make sure the investigation remains fair.
We have policies in place that protect certain personal information. For example, we have a policy that ensures where we disclose certain information, we don't reveal certain types of other information, such as the names and contact details of others.
For more information, read our 
Document Access Policy - pdf 93KB.
For a copy, contact us
This is all about balancing fairness and protecting people's personal details.
Top of page
Collecting personal information
We collect personal information for a number of reasons, including:
- when you make a workplace complaint or when you email or phone us
- when we investigate a matter
- when we run a targeted campaign and compliance audit (ie. an audit of a particular industry).
When you make a workplace complaint, we ask for your consent to send your complaint or parts of your complaint to other federal or state government agencies.
We do this when your workplace complaint relates to the responsibilities of other departments, eg. the Department of Immigration and Citizenship may get a complaint against an employer who contravened skilled migration visa laws.
What's 'personal information'?
Personal information is information or opinion that identifies you or makes it possible for someone else to identify you.
Personal information examples include:
- name, address, phone number and email address
- letters of offer, employment contracts, or workplace agreements
- work rosters, sign-in sheets, pay slips and bank statements
- statements we take that mean the person who made the statement, or persons referred to in the statement, can be identified.
'Personal information' only relates to a natural person, not legal entities such as companies.
Giving us your personal information
Where you give us your personal information, you have a number of rights under the Privacy Act, including:
- when we get personal information from you, we must tell you why we're collecting the information, whether it's needed or authorised under law and whether we can give it to anyone else (IPP 2)
- your personal information must be protected against loss, unauthorised access, use, modification and disclosure (IPP 4)
- you can look at our 'personal information digest' setting out the types of personal information we hold (IPP 5)
- you can access records containing personal information about you (sometimes this isn't possible, because other laws don't let you access certain information) (IPP 6)
- you can have personal information about you fixed if it's inaccurate or out of date (IPP 7).
Note: IPP refers to the relevant privacy principle under the Privacy Act.
Tax file numbers - special laws
There are special laws under the Privacy Act on collecting and using tax file numbers.
We can't ask you to give us your tax file number. If you give us your tax file number, we can't record, use or disclose it.
For example, if you give us your group certificate / payment summary as evidence of amounts paid to you, we can't record, use or otherwise disclose the tax file number.
Get more information on privacy:
Freedom of Information (FOI)
Freedom of Information Act 1982 provides every person with the right to request access to information held by a Commonwealth agency.
You also have the right to ask for information about you to be changed if it is incomplete, out of date, incorrect or misleading.
More about Freedom of Information:
Top of page