The Industrial Relations Act 1999 (PDF, 1.9MB) prescribes that employees must be paid their wages without deduction (other than deductions authorised by law or by the employee's written consent).
The definition of the term 'wages' includes:
The Act prescribes that an employee is entitled to a wage that is not less than the Queensland minimum wage.
For employment not covered by any award or agreement the Act also provides that where an employer and employee have agreed on a rate of wages greater than the Queensland minimum wage, then it is that agreed wage rate that must be paid to the employee.
Employees who believe that they have not received all the industrial relations entitlements due to them may lodge a complaint for investigation by an industrial inspector of the Department of Employment and Industrial Relations. Inspectors are also active in conducting audits of businesses in respect of industrial relations entitlements. Employees who are union members may also call on their union to investigate their claims.
Employees may also apply to the Queensland Industrial Relations Commission for amendment of their contract of employment (i.e. the arrangements under which they work) on the basis that the contract is unfair.
Employers who fail to comply with the laws in respect of payment of wages and other industrial relations entitlements may ultimately have legal proceedings instituted against them to recover underpayments and/or impose fines. Employers should also be aware that the Act provides for the issuing of infringement notices (i.e. on the spot fines) for offences such as failing to pay wages or failing to keep time and wages records.
Wageline's fact sheet on non-award employees:
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© The State of Queensland (Department of Employment and Industrial Relations) 2006
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