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The Industrial Relations Commission ('IRC') is responsible for:
- Resolving industrial disputes
- Setting conditions of employment
- Approving enterprise agreements
- Determining unfair dismissal claims
- Fixing wages and salaries by making industrial awards
What types of complaints can you make?
The IRC has the authority to hear various claims and disputes arising from employment and industrial relations. Here are the main types:
- Unfair Dismissal Claim: Lodge a claim if dismissed and believe it was harsh, unreasonable, or unjust. Includes forced resignation or non-genuine redundancy.
- Industrial Dispute: Lodge a dispute regarding employment terms, work conditions, or workplace rights and obligations.
- Awards and Enterprise Agreements: Address grievances related to the enforcement and interpretation of industrial awards and enterprise agreements.
- Contract Determinations and Agreements: Address issues regarding unfair, harsh, or unjust contracts, especially in the private sector like transport.
- Public Sector Disciplinary Appeals: Appeal disciplinary decisions in the NSW public sector. Note: Cannot appeal promotion decisions but can appeal disciplinary actions and decisions about work-related injuries.
- Reinstatement of Injured Worker: Seek reinstatement if dismissed due to a work injury.
- Police Appeal: Appeal decisions related to misconduct, performance, or disputes about injury leave.
- Part-time Work Agreements: Lodge a complaint or dispute regarding terms or enforcement of part-time work agreements.
- Entertainment Industry Disputes: Resolve disputes between performers and industry representatives or hirers.
- Relief from Victimisation: Seek relief if victimised for reasons such as industrial actions, exercising rights, or making safety complaints.
Jurisdiction:
Covers all NSW government or local government employees, regardless of where they live or work.
Time Limitations:
- Unfair Dismissal: Must file within 21 days of dismissal.
- Reinstatement of Injured Worker: Apply within 2 years of dismissal.
- Relief from Victimisation: File within 21 days of the incident.
- Industrial Dispute: No specific limit, but prompt filing is encouraged.
- Awards and Enterprise Agreements: Address disputes promptly.
- Contract Determinations and Agreements: Address issues as soon as practical.
- Public Sector Disciplinary Appeals: Lodge within 28 days of the disciplinary decision.
- Police Matters: File as soon as possible.
- Unfair Contract: Apply within 12 months after contract termination; exceptions for late filing up to 15 months with exceptional circumstances.
The IRC does not handle:
- Private and not-for-profit sector disputes governed by national awards or agreements (handled by the Fair Work Commission).
- Death and disability payments for police officers.
- Matters under the Anti-Discrimination Act handled by the NSW Civil and Administrative Tribunal (NCAT).
Who can you make a complaint against?
You can make a complaint against:
- Employers: Disputes over employment terms, practices, and compliance, including unfair dismissals and wage issues.
- Unions: Disputes about worker representation, collective agreements, and union activities.
- Employee Associations: Membership rights, advocacy roles, and policy compliance.
- Government Departments: Public sector employment policies, disciplinary actions, and law compliance.
- Local Councils: Municipal employment policies, service conditions, and reforms.
- Corporate Entities: Corporate governance, workplace law compliance, and enterprise agreements.
- Small Business Owners: Employment standards and HR practices.
- Industrial Organisations: Industry standards, safety regulations, and sector-specific legislation.
- Educational Institutions: Academic staff and employee disputes, workplace conditions, and compliance.
- Health Care Facilities: Disputes involving medical staff, patient care, and regulatory compliance.
IRC will not deal with complaints about:
- Federal Government Employees
- Defence Forces Members
- Independent Contractors
- Volunteers
- Elected Officials
- Judiciary Members
- Statutory Office Holders
- International Organisation Employees
- Religious Leaders
- Students in Educational Settings
- Private and Not-for-Profit Sector Employers (handled by Fair Work Commission)
Are you eligible to make a complaint?
Who can make a complaint?
- Any employee in the NSW public sector or local government.
- Applies to full-time, part-time, and casual employees under a State industrial award or enterprise agreement, or those earning over $62,200 annually without an industrial instrument.
Before you lodge a complaint:
- Attempt Direct Resolution:
- Discuss the issue with the employer, union representative, or relevant office.
- Consultation:
- Seek advice from a legal advisor, union official, or employee representative.
- Documentation:
- Collect employment contracts, correspondence, witness statements, and records of internal resolution attempts.
- Application Fee:
- Pay the relevant application fee before the IRC will act on the matter.
Representation:
- Unions or Legal Representatives: Can file complaints on behalf of employees.
- Third-Party Complaints: Family members or legal guardians can file if the individual is unable.
- Employer or Organisational Representation: Employers or organisations can file or respond on behalf of employees.
- Approval and Verification: Consent from the affected individual is required for representation.
IRC NSW will not deal with complaints about:
National Fair Work System:
- Private or Not-for-Profit Sector Employees: Dismissed after 1 January 2010.
- Casual and Seasonal Workers: Without regular, systematic work or expectation of ongoing employment.
- Contract and Probationary Employees: On a probation period of up to 3 months or contracts less than 6 months.
- Apprentices, Trainees, and Independent Contractors: Excluded due to different work arrangements.
Additional Information
The IRC decides on cost payments, typically in cases of frivolous actions, lack of good reason, failure to reach a fair agreement in unfair dismissal cases, or work rule violations.
What can this body do to help?
The IRC may provide:
- Compulsory Conference:
- The first step is a compulsory conference with a Commission member to try and resolve the dispute. This is informal and may result in an order for a small claim.
- Conciliation:
- An informal process usually lasting 60-90 minutes where the Commission helps parties agree to a resolution. Recommendations or directions may be given but are not binding.
- Confidentiality: Discussions are private and confidential.
- Representation: You may represent yourself or be represented by a union, employer organisation, or, with permission, a friend, family member, lawyer, or industrial agent.
- Arbitration
- If conciliation fails, the dispute goes to arbitration, a formal hearing before a Commissioner.
- Possible Outcomes:
- Recommendations or directions to parties
- Making or varying an award
- Issuing dispute orders (e.g., stopping industrial action, reinstating employees, preventing dismissals)
- Proceedings for Relief from Alleged Unfair Dismissal
- Possible Orders:
- Reinstatement to the former position
- Re-employment in another position
- Back pay and entitlements if reinstated or re-employed
- Compensation up to six months’ remuneration if reinstatement is impractical
- Prevention of dismissal if threatened
- Additional Claims: Claims for non-payment of remuneration up to $10,000 can be included in the unfair dismissal hearing.
- Possible Orders:
How to prepare your complaint
Your complaint must be in writing using prescribed forms, which can be found here.
Personal Details:
- Provide your name and contact information.
- If filed by a representative, include their name and contact information.
Respondent Details:
Provide the name of the respondent (usually your employer).
Relevant Details:
- Include specific information about your employment and the problem.
- Attach all relevant supporting documentation or evidence.
- If applying outside the required timeframe, explain the reasons.
What Not to Include:
- Do not provide false or misleading information.
- Ensure your application has merit to avoid the risk of a costs order against you.
Lodging your complaint and next steps:
Where to Lodge:
- Post or In Person: Submit to your nearest NSW Local Court. Find locations here.
- Through a Representative: Your solicitor, agent, or union representative can submit the application.
- Online (Unfair Dismissal Only): Submit via the NSW Courts and Tribunal Online Registry. Create an account to upload your form.
Payment of Fees:
- Online Submission: Pay at the time of submitting the form.
- In-Person Submission: Pay at the time of submitting the form.
- Postal Submission: The court will contact you to arrange payment.
- Details: Find fee information and payment options on the IRC’s website.
- Financial Hardship: The Industrial Registrar may postpone, waive, or remit fees on grounds of financial hardship.
Submission Process:
- Submit Application and Pay Fee: Ensure the fee is paid to process your application.
- Notification to Employer: The Industrial Registry will provide your employer with a copy of your application.
- Employer's Notice of Appearance: Your employer must file a notice of appearance within 7 days.
- Hearing Notification: The IRC will notify both parties of the date, time, and place for the hearing.
- Attend Hearing: The IRC may make an order regarding your application, such as reinstatement or relief from victimisation.
Additional Information:
- Self-Representation: You can represent yourself or be represented by a trade union, employer organisation, legal aid service, lawyer, industrial relations consultant, friend, relative, or community representative.
- Legal Representation: In conciliation proceedings, seek the Commission's approval for legal representation.
More information:
Refer to the factsheet provided below for more information.
