Fair Work Agency
The Fair Work Agency (FWA) was established on 7 April 2026. It will bring together enforcement powers that were previously spread across multiple bodies, with the aim of strengthening compliance with core employment rights and tackling serious workplace abuses. Not all of its functions will come into force at once.
The FWA will ensure that:
- Workers receive at least the National Minimum Wage
- Workers supplied by employment agencies are treated fairly
- Workers in agriculture and food production are protected from exploitation by gangmasters
- Serious labour exploitation and abuse is identified and prosecuted
- Employers who fail to pay employment tribunal awards or those agreed in a COT3 are fined and publicly named.
The FWA is expected to enforce a wider range of employment rights over time
These include holiday pay and statutory sick pay.
It will also be able to bring employment tribunal proceedings on behalf of workers, provide legal assistance and recover the costs of enforcement.
The FWA will also have power to investigate and require individuals to attend meetings, answer questions and provide information or documents. This includes the power to enter premises to inspect documents or access computers or other equipment.
You should ensure that all staff are paid correctly and lawfully. With stronger enforcement and penalties, the risks of non-compliance are higher.
Now is a good time to:
- Review pay arrangements, including minimum wage compliance
- Check holiday pay calculations
- Ensure payroll processes are accurate and up to date
- Address any historic issues before enforcement expands further.
We can help you assess compliance and manage risk.
Taking steps now will help reduce risk and ensure you are well prepared as the FWA’s role continues to evolve.
