An enforceable undertaking (EU) is an alternative to a court imposed sanction, such as a fine, for an alleged contravention of the Work Health and Safety Act 2011, Safety in Recreational Water Activities Act 2011 and the Electrical Safety Act 2002 (the safety Acts).
EU's are a written, legally-binding commitment to deliver effective health and safety initiatives that provide tangible benefits for workers, industry, and the community as a whole.
An EU is not available for an alleged contravention involving a fatality that occurs on or after 23 October 2017 or is a category 1 (reckless conduct) offence (as defined in the safety Acts).
The regulator is the only person who can accept an EU.
If the regulator accepts an undertaking after a prosecution has been commenced the prosecution will be discontinued.
If an undertaking is not accepted by the regulator the prosecution will continue.
Please refer to the Guidelines for the acceptance of an enforceable undertaking (PDF, 550.53 KB) for further information about EUs.
The Office of Industrial Relations provides an advisory service if you or your client wish to find out more about the EU process.
All communication with the advisory service is on a without prejudice basis and will be conducted directly with the person seeking to give an undertaking or with legal representatives, if preferred.
For further information or to organise a meeting, please contact the EU Unit at firstname.lastname@example.org.
Enforceable undertakings list
View a list of enforceable undertakings published within the last five years.