We are seeking highly motivated legal professionals to join the Office of Fair Work Ombudsman (OFWO) as a Lawyer or Senior Lawyer to provide legal advice and support relating to the OFWO’s criminal jurisdiction. This is a unique opportunity to support a new investigative function for the OFWO, and to contribute to the development of the function’s work practices and culture.

Positions are available as a Lawyer (APS6) and/or Senior Lawyer (Executive Level 1), based on the professional skills and experience of the successful candidate. Offers will be based on candidate performance and operational requirements.

About the OFWO

The OFWO is an independent statutory office established by the Fair Work Act 2009 (Fair Work Act). Our functions outline the responsibilities we have as set by the Fair Work Act and other legislation to achieve our purpose to:

• provide education, assistance, advice and guidance to employers, employees, outworkers, outworker entities and organisations
• promote and monitor compliance with workplace laws
• inquire into and investigate breaches of the Fair Work Act
• take appropriate enforcement action
• perform our statutory functions efficiently, effectively, economically and ethically.

From 1 January 2025, the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 introduced a criminal offence for employers intentionally failing to pay employee entitlements. The OFWO is responsible for investigating possible offences and referring matters to the Commonwealth Director of Public Prosecutions (CDPP) or the Australian Federal Police (AFP).

What our employees say about us

We are one of the most engaged and high performing agencies in Australia; consistently scoring above average on employee engagement and wellbeing when surveyed against other APS agencies.

What we offer you

We provide a diverse, inclusive and supportive work environment with access to:

• Security: Job security and opportunities to gain experience in areas that interest you.
• Flexibility: Generous leave and flexible working arrangements
• Training: Great training and development opportunities
• High Superannuation: Competitive benefits, plus 15.4% superannuation
• Employee Assistance Program: a free counselling service for you and your family.

We Value Diversity

As part of the APS, we want to represent the community we serve. The OFWO embraces and celebrates diversity and welcomes all people to work with us. We have dedicated initiatives to encourage applications and to support people from diverse and underrepresented backgrounds working within our inclusive culture. We encourage and welcome applications from First Nations people, people with disability, LGBTQIA+ people, people from culturally and linguistically diverse backgrounds and mature age people.

Eligibility

• To be eligible for employment with the OFWO you must be an Australian citizen.
• The successful candidate must hold a current Australian Government Security Clearance (AGSVA) or be willing to undergo and obtain a Baseline security clearance (we will support you through this process).
• The successful candidate must hold a degree in Law from an Australian university (or overseas equivalent qualification) and be admitted, or eligible for admission, to the Supreme Court in your State and the High Court of Australia.
• The successful candidate will need to have (or be able to obtain) a practising certificate. At the EL1 level, you will also need to have a practicing certificate without a supervised legal practice condition (or the ability to obtain the same).

About the Branches

The OFWO’s Legal Enforcement Branch 1 is a busy team of professionals responsible for advising on investigations and litigation relating to Commonwealth workplace relations laws. We work with internal stakeholders to identify and progress compliance and enforcement outcomes. We also contribute to a range of innovative continuous improvement projects within the Agency.

The Branch is responsible for providing legal advice on the OFWO’s criminal investigations and on the intersection of OFWO’s criminal and civil jurisdictions, and engaging with key stakeholders, including the CDPP and AFP.

The Opportunity

As an APS6 Lawyer and EL1 Senior Lawyer, you will have the opportunity to:

• advise on the development and implementation of a criminal investigation function for the OFWO in accordance with Commonwealth frameworks, the Australian Government Investigations Standards and applicable legislation. This includes working with stakeholders to develop guidance and educative material, investigative documents and processes to achieve quality outcomes which reflect the OFWO’s dual civil and criminal jurisdictions, and which will support the OFWO in developing criminal investigation capability
• provide legal advice to the Criminal Investigations Branch, including regarding the use of compulsive powers, evidence management, issues relating to admissibility of evidence and duties of disclosure
• provide legal advice related to cooperation agreements pursuant to section 717B of the Fair Work Act
• assist with activities to build capability across the Branch and Agency in legal issues relating to criminal investigations and the intersection between OFWO’s civil and criminal jurisdiction
• learn about and advise on workplace relations issues and provide practical advice on the Fair Work Ombudsman’s functions and statutory tools, investigations and enforcement activities in the context of criminal investigations.

As an EL1 Senior Lawyer, you will also have the opportunity to:

• lead the overall management of work, including having carriage of any significant operational or strategic matters within the criminal jurisdiction;
• lead, directly supervise (including by having direct reports) and mentor more junior lawyers to both enhance their capabilities and to achieve outcomes;
• be responsible for fostering strong and productive relationships with internal and external stakeholders, including through providing strategic legal advice relating to the FWO’s functions, investigations or compliance and enforcement tools;
• contribute to the leadership of the Branch.

Please note: Executive Level employees will sometimes be required to work and be contactable outside of hours. Operational needs will often require you to work part of the week in your local office and some domestic travel will be required (including overnight); flexibility requests will be considered on a case-by-case basis.

Selection Criteria

We are seeking exceptional lawyers with a can-do attitude who are agile and adaptable, and who are committed to achieving fairness in Australian workplaces.

Generally, candidates will have the following legal experience:

• APS 6 Lawyer – more than 3 years of post-qualification practice experience;
• EL1 Senior Lawyer – 5 or more years of relevant post-admission experience.

Experience working in criminal law or a government regulatory environment is essential. Candidates who also have experience in workplace relations law or civil litigation will be highly regarded. Where candidates do not have workplace relations experience, you must have the capability to acquire new subject matter knowledge and demonstrate a willingness to engage with all aspects of the OFWO’s work to ensure successful outcomes.

You will be capable of providing practical legal advice on a range of issues relating to criminal investigations in a dual (civil and criminal) regulatory environment. You will also be able to produce work autonomously with a proven track-record of achieving results within short time frames. You will show good legal and strategic judgment and an ability to deploy analytical and problem-solving skills to identify practical solutions and manage risk.

You will have excellent oral and written communication skills and be able to effectively convey your opinion, position or counter-position on a matter. You will adhere to the Australian Public Service standards and provide legal services consistent with the Commonwealth’s Legal Services Directions 2017 (including the Commonwealth’s model litigant obligations).

At the APS6 level, you will be expected to help develop junior lawyers’ capabilities. At the EL1 level, you will be expected to lead and directly manage more junior lawyers who will report to you.

How to Apply

If you are excited about the opportunity, please tell us in no more than 800 words:

• Why you want to apply for this role?
• How your skills and experience address the requirements of this role (with consideration of the selection criteria).

All applications must be submitted via our online application system through the OFWO website.

The OFWO has advertised these roles across classification levels in order to attract the right people for the right jobs. As part of the recruitment process, you will be assessed against the relevant classification levels using the Integrated Leadership System, and candidates will be appointed to levels according to their skills, knowledge and experience.

If you have any questions about this recruitment exercise, please email [email protected].

*Please ensure you check your junk mail throughout the recruitment process, as sometimes our emails sent from our online system end up in junk mail folders*

Applications close 11:00pm (AEST) on Tuesday 10 June 2025.

More Information

• Working with us and tips on applying, visit fairwork.gov.au/about-us/careers
• OFWO’s purpose and functions, visit fairwork.gov.au/about-us/our-role-and-purpose
• Office locations, visit fairwork.gov.au/about-us/contact-us/offices