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IMPORTANT NOTICE FOR QUEENSLAND EMPLOYERS AND EMPLOYEES: Non-corporate employers (generally individual sole traders or partnerships) and their employees have continued to operate under Queensland industrial relations jurisdiction. However, the Queensland Government has now introduced legislation which will refer to the Commonwealth the state's industrial relations powers for the private sector. These changes will operate as from 1 January 2010 and will mean that all employers and employees in Queensland with the exception of state and local government will be covered under a national industrial relations system administered by the Commonwealth Government. Importantly, the Queensland Government has ensured that safeguards exist so that the national system will operate in the best interests of all Queensland employers and employees. For further information on these changes you may contact:
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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 Justice and Attorney-General 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.
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© The State of Queensland (Department of Justice and Attorney-General) 2009
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