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Forms for FWO NoticesSchedule 5.3 FWO notice to attend and answer questionsForm 3

Form 3—FWO notice to attend and answer questions

COMMONWEALTH OF AUSTRALIA

Fair Work Act 2009

NOTICE ISSUED TO [name]

FWO NOTICE TO ATTEND AND ANSWER QUESTIONS

I, [name], a nominated AAT presidential member, acting under subsection 712AB(1) of the Fair Work Act 2009, require you to attend before [the Fair Work Ombudsman][OR [name] who is an SES or acting SES member of the staff of the Office of the Fair Work Ombudsman] at:

[time] on [date] at [place]

to answer questions that are relevant to an investigation by an inspector into a suspected contravention of a provision of the Fair Work Act 2009, a fair work instrument or a safety net contractual entitlement that relates, directly or indirectly, to:

* the underpayment of wages, or other monetary entitlements, of employees; or

* the unreasonable deduction of amounts from amounts owed to employees; or

* the placing of unreasonable requirements on employees to spend or pay amounts paid, or payable, to employees; or

* the unfair dismissal of an employee; or

* the bullying of a worker at work; or

* the unlawful discrimination of a person in relation to employment; or

* a contravention of a provision of the National Employment Standards; or

* the coercion of an employee by an employer.

Note 1: The details relating to the investigation are specified in Parts 1 to 4 of the Schedule to this notice.

Note 2: For your right to be represented by a lawyer, see subsection 712AE(1) of the Fair Work Act 2009.

Note 3: You are not excused from answering a question under this notice on the ground that to do so might tend to incriminate you or otherwise expose you to a penalty or other liability. However, there are restrictions on when any answers given under this notice may be admissible in evidence against you. See section 713 of the Fair Work Act 2009.

WARNING—Under subsection 712B(1) of the Fair Work Act 2009you may be liable to a civil remedy if you have been given this notice and fail:

* to attend to answer questions at the time and place specified in this notice or at such later time as provided for under subsection 712AD(3) or (4) of the Fair Work Act 2009; or

* to take an oath or make an affirmation, if required to do so under subsection 712AE(2) of the Fair Work Act 2009; or

* to answer questions relevant to the investigation while attending as required by this notice;

except to the extent that you are not capable of complying with the requirement.

157

Registered: 19/10/2021

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

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