Senior Lawyer / Principal Lawyer (Criminal Jurisdiction)

We are seeking highly motivated legal professionals to join the Office of Fair Work Ombudsman (OFWO) as a Senior Lawyer or Principal Lawyer to provide legal advice and support relating to the OFWO's criminal jurisdiction.
This is a unique opportunity to support the establishment of a new investigative function for the OFWO, and to contribute to the development of the culture and work practices of the area.
Positions are available as a Senior Lawyer (Executive Level 1) and/or Principal Lawyer (Executive Level 2), based on the professional skills and experience of the successful candidate.
Full-time or part-time hours are available with offers based on candidate performance and operational requirements.
A merit list may also be formed as a result of this exercise and may be used to fill similar vacancies in the next 18 months.
About the OFWOThe OFWO is Australia's workplace regulator and part of the Australian Public Service.
The role of the OFWO is to promote harmonious, productive, cooperative, and compliant workplace relations in Australia.
We provide education and assistance to over 13 million Australian workers, more than one million businesses and enforce workplace laws and investigate underpayments.
In the past 3 years, the FWO recovered more than $1.5 billion in unpaid wages for nearly 800,000 underpaid workers.
What we offer youWe 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 arrangementsTraining: Great training and development opportunitiesEmployee Assistance Program: a free counselling service for you and your family.We Value DiversityAs 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.
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).For this role, you will need to 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.
You will need to have (or be able to obtain) a practising certificate without a supervised practising condition.About the TeamThe 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.
From as early as 1 January 2025, the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 will introduce a criminal offence for employers intentionally failing to pay employee entitlements.
The OFWO will be responsible for investigating possible offences and referring matters to the Commonwealth Director of Public Prosecutions (CDPP) or the Australian Federal Police (AFP).
The Branch will be 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.
This is a high-profile area attracting interest from the Australian public and a wide range of external stakeholders.
You'll need to be comfortable working in an environment with a high level of scrutiny.
The OpportunityReporting to the Executive Director – Legal Enforcement Branch 1, 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 jurisdictionsprovide 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 disclosureprovide legal advice related to cooperation agreements pursuant to section 717B of the Fair Work Act 2009 (commencing in 2025)lead 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 jurisdictionadvise on workplace relations issues and provide practical advice on the Fair Work Ombudsman's functions and statutory tools, investigations and enforcement activitieswork with a broad range of stakeholders, including the legal profession, CDPP, AFP, Courts and the wider public sectorcontribute to the senior leadership of the Branch and the Agencybe part of a responsive and dynamic Agency committed to innovation.Our Ideal CandidateWe are seeking exceptional lawyers with a can-do attitude who are agile and adaptable and who are committed to achieving fairness in Australian workplaces.
You will typically have 7+ years of relevant post-admission experience as a Principal Lawyer and 5+ years as a Senior Lawyer.
Extensive experience working in a criminal jurisdiction and in a regulatory context is essential.
Candidates who also have expertise in civil litigation and/or workplace relations law will be highly regarded.
Successful candidates without this expertise must have the capability to quickly acquire new subject matter expertise and a willingness to engage with all aspects of the OFWO's work to ensure successful outcomes.
You will have excellent oral and written communication skills and must prioritise the highest standards of ethical behaviour, independence and professionalism.
You will have a demonstrated ability to build strong relationships and work collaboratively with stakeholders and across multi-disciplinary teams.
You must also be able to demonstrate:
an advanced ability to identify and manage legal and evidentiary strategy and risks in the conduct of criminal investigations;excellent legal and strategic judgment and an ability to deploy your analytical and problem-solving skills to identify practical solutions; andas a Principal Lawyer, a capacity to lead and manage people in a legal environment, including in a geographically dispersed environment.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.
How to ApplyIf you are excited about this 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.You should also consider the Integrated Leadership System (ILS) and the capabilities required to be successful at the EL1 level and EL2 level.
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 ILS, and candidates will be appointed to levels according to their skills, knowledge and experience.
Additional information about the ILS is available on the Australian Public Service Commission website: ILS - A guide to the ILS | Australian Public Service Commission.
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