# Can I get in trouble for ignoring a Fair Work Commission order?

- Jurisdiction: Australia
- Practice area: Employment Law
- Published: 2026-11-02
- Last updated: 2026-11-02
- Canonical: https://lawasked.com/au/employment-law/can-i-get-trouble-ignoring-fair-work-commission

## Question

I am writing from Melbourne, Victoria, because I am feeling quite stressed about a situation at my workplace. Back in February 2024, my small manufacturing company became involved in a dispute regarding some unfair treatment, and the Fair Work Commission eventually stepped in to resolve things. They issued a formal order last month, specifically on the 15th of October, which clearly states that my employer must stop certain behaviours immediately. However, since that order was handed down, my manager has continued to do the exact same things, even though the paperwork says they have to stop. I have already tried speaking to our HR representative and even sent a polite email to the director, but they just ignored me and kept acting as if the order didn't exist. I am worried because I don't want to be caught in the middle of a legal battle, but I also don't know if there are actual consequences for them. If they are intentionally breaking the rules set out by the Commission, can they actually face criminal charges or prison time, or is it just a matter of paying a fine? I am unsure if the law treats this as a serious offence or if it is just a civil matter.

## Summary

Yes, your employer can face serious consequences for ignoring the order. Under the Fair Work Act, intentionally breaking a formal order from the Fair Work Commission is a criminal offence that can lead to up to 12 months of imprisonment [cite:au-fair-work-2009-sec675].

## Analysis

Based on the facts you provided, your employer is currently in a position where they may be committing a criminal offence. Because the Fair Work Commission issued a formal order on 15 October 2024 that applies to your employer, and your manager is continuing the exact same behaviours the order was meant to stop, they may be in breach of the law.

According to the Fair Work Act 2009, "A person commits an offence if: (a) the FWC has made an order under this Act; and (b) either of the following applies: (i) the order applies to the person; (ii) a term of the order applies to the person; and (c) the person engages in conduct; and (d) the conduct contravenes: (i) a term of the order..." [1]. This means that if an order is active and a person does something the order specifically forbids, they have broken the law. This is not just a civil matter (a dispute between private parties that usually results in money being paid); it is a criminal matter. The law specifies a "Penalty: Imprisonment for 12 months" [1] for this specific type of contravention.

Whether your employer faces these specific criminal charges depends on the exact nature of the order they received. While the law provides for imprisonment for contravening certain orders, there are many types of orders that are exempt from this specific criminal penalty [1]. For example, orders regarding modern awards, bargaining, or certain types of industrial action are excluded from this specific section's criminal penalty. If the order issued to your manufacturing company on 15 October falls into one of these excluded categories, the consequences might be different.

Additionally, if the order relates to a dispute about the operation of certain parts of the Act, there are other rules regarding contravention [2]. 

State, provincial, or local laws may add further rules regarding workplace safety or specific Victorian employment protections, so you should check local Victorian regulations.

## Statutory citations

- Fair Work Act 2009, Section 675 - Contravening an FWC order [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > A person commits an offence if: (a) the FWC has made an order under this Act; and (b) either of the following applies: (i) the order applies to the person; (ii) a term of the order applies to the person; and (c) the person engages in conduct; and (d) the conduct contravenes: (i) a term of the order referred to in subparagraph (b)(i); or (ii) the term referred to in subparagraph (b)(ii). ... Penalty: Imprisonment for 12 months.
- Fair Work Act 2009, Section 789GW - Contravening an FWC order dealing with a dispute about the operation of this Part [in force] (https://www.legislation.gov.au/C2009A00028/latest/text)
  > A person must not contravene a term of an FWC order dealing with a dispute about the operation of this Part.

---
General information only, not legal advice. See https://lawasked.com/disclaimer