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Inspections & the inspectors role

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Inspections

Industrial Inspectors of the Division of Private Sector Industrial Relations are empowered to interview employers and employees regarding any matter relating to compliance with the Industrial Relations Act 1999 (PDF, 1.9MB).

An inspector may also inspect the time and wages records of all employees of an employer to ensure compliance with the Act.

From 1 July 2006, enforcement of child employment laws will be carried out by inspectors.  The Child Employment Act 2006 (PDF, 619 kB) describes the functions and powers of inspectors, including monitoring compliance, investigating and dealing with alleged contraventions and informing children, parents and employers of their rights and obligations.

An inspector may:

Generally, the Division aims to complete comprehensive investigations within 6 months. Less serious or complicated complaints will be dealt with more quickly.

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An inspector's responsibilities

Inspectors are officers employed by the Department of Employment and Industrial Relations who have a responsibility to:

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The role the inspector fulfils

An inspector may:

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When an employer fails to pay an employee's correct entitlements

When voluntary compliance with awards or agreements cannot be achieved, parties that do not comply with their responsibilities can be prosecuted for an offence under the Industrial Relations Act 1999 through the Industrial Magistrates Court system. Where appropriate, applications for recovery of underpayments of wages can be brought before the Industrial Magistrates Court or the Queensland Industrial Relations Commission by inspectors on behalf of employees.

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Authorised industrial officers

Authorised industrial officers are officers or employees of an industrial organisation (e.g. a union) who are authorised by the Industrial Registrar to exercise certain powers.

Authorised industrial officers may enter a workplace where a calling of the officer's organisation is carried on, during the employer's business hours.

The officer may inspect time and wages records of members of their organisation, employees who are eligible to be members and former employees. The time and wages records of an employee covered by a Queensland Workplace Agreement can only be inspected if the employee gives their written permission.  Other employees may make a written request to their employer that their time and wages record are not to be made available for inspection.

On entering a workplace the officer must make his/her identity known to the person in charge of the workplace and produce their authority.

The officer may discuss matters under the Act with the employer and employees in work or non-work time. Matters not under the Act may be discussed in non-work time.

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Last updated: 11 February 2008

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