IMPORTANT NOTICE: The information outlined below applies to employees and employers who are under State industrial relations jurisdiction. Since the commencement of the federal government's workplace relations laws on 27 March 2006, employers who are constitutional corporations (e.g. a Pty Ltd or Ltd company) and their employees are now covered under federal industrial relations jurisdiction. You can also contact the Workplace Rights hotline on 1300 737 841 or visit www.workplacerights.qld.gov.au for information on your workplace rights. |
The Queensland Government is committed to supporting fairer work environments that contribute to the social and economic well-being of Queenslanders. In this regard, the Division of Private Sector Industrial Relations administers the Industrial Relations Act 1999 (PDF, 1.9MB) with an inspectorate located throughout the state.
This enforcement framework outlines the enforcement policy employed by the Division which involves wage resolution procedures including:
The appropriate use of a comprehensive range of enforcement strategies will encourage greater compliance with industrial relations laws and enhanced awareness of the rights and obligations of employees and employers.
The Division of Private Sector Industrial Relations has a responsibility for improving compliance with Queensland ’s industrial relations laws and for efficiently applying its resources to achieve the greatest impact on the Queensland workforce.
The Division’s contemporary enforcement policy incorporates the following strategies:
A self resolution process is also available in appropriate cases. A specially developed Self Recovery Kit may be issued to an employee to enable them to take self resolution action before the Minor Debts Court.
Inspectors have a compliance role in respect of the state industrial relations legislation, awards and agreements. They ensure that the provisions of awards and agreements are observed and met. Inspectors conduct their compliance functions by investigating complaints and conducting general audits. In order to resolve complaints as quickly as possible, wage resolution procedures are frequently activated in the first instance.
During 2006/2007, inspectors investigated and finalised 3,717 wage complaints and recovered $6.05M in wages owed to employees. Furthermore, inspectors instituted 158 cases of legal proceedings that resulted in the recovery of $0.91M arrears of wages and entitlements. For further details on inspectors activities refer to our Annual Report for 2006-07.
The Department of Employment and Industrial Relations produces, on a six monthly basis, a prosecutions newsletter on industrial relations, workplace health and safety and electrical safety office prosecutions. For more specific details on issues handled by our industrial inspectors refer to our latest prosecutions newsletter. Inspectors are located in offices in Brisbane and regional centres throughout Queensland .
Compliance investigations and legal proceedings can also be carried out for allowable trading hours, private employment agency, child employment and workers accommodation legislation.
Complaints about breaches of the legislation are investigated and may warrant a warning and advice on the law in the first instance. Further breaches may result in legal proceedings by the Inspector under the relevant legislation.