NSW Industrial Relations is an impartial body that administers certain NSW industrial relations laws. It handles complaints about:
- Long service leave for NSW employees
- Non-payment of statutory entitlements for Local Government employees
- Illegal deductions from pay for Local Government employees
- Non-payment of statutory entitlements to bailee or contract drivers under a Contract Determination
When a complaint is made, NSW Industrial Relations will investigate to identify any breaches of NSW industrial relations laws, without representing or acting on behalf of either party.
What types of complaints can you make?
You can make a complaint about:
- Providing Long Service Leave: Workers must be given long service leave when they meet eligibility requirements. Employers should ensure that employees receive this leave based on their continuous employment duration.
- Keeping Long Service Leave Records: Employers are required to maintain accurate long service leave records for seven years, including details like employment type, start date, and other employee information. These records must be accessible, legible, and unaltered except for correcting errors.
- Non-payment of Statutory Entitlements to a Bailee or Contract Driver: Drivers, such as couriers or taxi drivers, must be paid according to their contractual entitlements, including leave and other benefits.
- Contract Carriers (Owner Drivers): Principal contractors must ensure that owner drivers receive the minimum entitlements specified in their contracts. This includes timely payment for services rendered.
- Statutory Entitlements for Local Government Employees: Local governments must pay all statutory entitlements, such as wages and leave, as per the relevant awards and laws governing employment.
- Illegal Deductions from Pay for Local Government Employees: Any deductions from an employee’s pay must be lawful and in accordance with employment regulations. Unlawful deductions, such as those benefiting the employer directly, are prohibited.
Jurisdiction:
NSW Industrial Relations assists employees, bailees, contract carriers, and local government employees within NSW.
Time Limitations:
Complaints should be lodged as soon as possible during employment or within 12 months after employment ends. Exceptions may be made for significant difficulties in obtaining other remedies.
NSW Industrial Relations will not deal with complaints about:
Complaints should be lodged as soon as possible during employment or within 12 months after employment ends. Exceptions may be made for significant difficulties in obtaining other remedies.
Exercise of Discretion:
NSW Industrial Relations does not have to investigate every complaint.
NSW Industrial Relations might decide to accept a complaint outside of the time limitations if the person would face significant difficulties in getting another remedy to resolve their complaint.
Who can you make a complaint against?
You can make a complaint against:
- Employers: Complaints can be made against any NSW employer that does not comply with the Long Service Leave Act 1955 (NSW).
- Directors of an Employer: Complaints can be made against the directors of an NSW employer for non-compliance with the Long Service Leave Act 1955 (NSW).
- Taxi Industry Bailors: Complaints can be made against bailors in the Taxi Industry for unpaid entitlements to a bailee or contract driver.
- Transport Industry Principal Contractors: Complaints can be made against principal contractors in the Transport Industry for non-compliance with Contract Determinations.
- Local Government Employers: Complaints can be made against local government employers for non-payment of award or statutory entitlements or illegal deductions from pay.
NSW Industrial Relations will not deal with complaints about:
Complaints about breaches of Commonwealth legislation, modern awards, NSW public sector employers, Members of Parliament, or Federal Government employers are excluded.
Are you eligible to make a complaint?
Who Can Make a Complaint?
Current or former employees within the last 12 months can file complaints about long service leave or payment entitlements.
Have You Tried to Resolve the Issue with the Other Party Directly?
Attempt to resolve the issue directly with your employer before lodging a complaint.
Have You Contacted Your Union?
Contact your union if you are a member for assistance before making a complaint.
Have You Sought Independent Legal Advice?
Seek legal advice from LawAccess NSW before lodging a complaint.
Can Complaints Be Made on Behalf of Someone?
Complaints cannot be made on behalf of someone else.
Do Any of These Circumstances Apply?
NSW Industrial Relations may not accept a complaint if you have unresolved unfair dismissal applications, unresolved criminal allegations, or if your employer is in liquidation.
What can this body do to help?
This body may provide:
- Formal Caution: A written warning sent to the employer if non-compliance is unlikely to continue.
- Notice to Employer: A letter requesting the employer to rectify past non-compliance and demonstrate current compliance.
- General Penalty Notice: A fine issued to the employer for certain offences, starting at $220.00. No further action is taken if the fine is paid.
- Prosecution Action: NSW Industrial Relations may recommend prosecution to the NSW Industrial Relations Commission for unresolved issues.
How to prepare your complaint
Format:
Complaints should be made in writing using the online complaint form or by printing and posting the form to NSW Industrial Relations.
Personal Details:
Provide your title, first and last name, date of birth, home/postal address, phone number, and email.
Respondent’s Details:
Provide the employer's name and address.
Relevant Facts:
Detail what your complaint is about, what the employer did wrong, and what happened after notifying the employer. Include any supporting documents such as payslips and correspondence.
What NOT to Include:
Do not make false or misleading statements.
Additional Information:
Consent for NSW Industrial Relations to share your contact information with the employer is required for the investigation.
Lodging your complaint and next steps:
You can submit a complaint via:
- Online form: NSW IR Complaint Form (salesforce-sites.com)
- By post: NSW Industrial Relations, GPO Box 5341, Sydney NSW 2001
Next steps:
- Receipt and Acknowledgement: Complaints are acknowledged upon receipt. You will receive confirmation of acceptance for pre-investigation or a request for more information. You will also receive contact details of the investigator and a unique complaint identifier.
- Preliminary Assessment: NSW Industrial Relations will assess the legal power to proceed with the complaint and adherence to time limitations. Routine complaints are assessed within 7 business days. Additional information requests must be responded to within 7 days.
- Pre-Investigation: If the complaint meets preliminary assessment criteria, NSW Industrial Relations will assist in resolving the issue within 28 days. Extensions may be granted if both parties are working towards a resolution.
- Formal Investigation: If the issue is unresolved after 28 days, a formal investigation may be initiated. This includes collecting evidence, issuing notices to produce records, and conducting interviews. The timeframe varies based on factors like communication, availability of records, and other logistical issues. The investigation may be closed if compliance is demonstrated or insufficient evidence is found.
- End of Investigation: If the investigation finds potential breaches, prosecution may be recommended. If closed, reasons and alternative resolutions will be provided.
More information:
Refer to the factsheet provided below for more information.
