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Lodge a complaint 

Resolving Your Complaint

The Fair Work Ombudsman provides information and advice on pay, conditions, and workplace rights and obligations under the Commonwealth workplace system. To check your workplace rights and obligations, you should contact the Fair Work Infoline on 13 13 94 or www.fairwork.gov.au.

Resolving Industrial Complaints under NSW Industrial Relations Laws
Long Service Leave Calculator
Can NSW Industrial Relations Investigate Your Industrial Complaint?
If you believe that you have not received your entitlements under NSW industrial legislation, NSW IR recommends that you consider the following steps

Resolving Industrial Complaints under NSW Industrial Relations Laws

NSW Industrial Relations investigates alleged breaches of NSW industrial relations legislation including long service leave in NSW, entertainment Industry, taxi Industry, transport industry contract determinations and industrial instruments covering local government employees. Where appropriate, NSW IR may prosecute an Employer / Agent / Bailor / Principal Contractor under these laws.

Long Service Leave Calculator

This calculator will assist you to calculate an employee's accumulated entitlement as per the Long Service Leave Act 1955. In New South Wales all employees who have been employed a minimum of 5 years may have some entitlement to Long Service Leave. This calculator will help you determine what that entitlement may be. Click here to go to the long service leave calculator

Can NSW Industrial Relations Investigate Your Industrial Complaint?

Generally, NSW IR only investigates industrial complaints where:

  • you have already tried to resolve the matter with the Employer / Agent / Bailor / Principal Contractor,
  • the underpayments relate to work undertaken in the last 12 months,
  • in relation to long service leave claims the employee’s yearly salary did not exceed $144,000 gross.

NSW IR may not investigate industrial complaints where:

  • there is an unresolved unfair dismissal application concerning this employment. NSW IR will only investigate your complaint after the unfair dismissal application has been finalised,
  • allegations of criminal activity remain unresolved,
  • your engagement was terminated over 12 months ago,
  • your former Employer / Agent / Bailor / Principal Contractor is in liquidation. If this is the case you should contact the appointed liquidator. Further assistance is also available from the Federal Department of Education, Employment & Workplace Relations, the agency responsible for the Fair Entitlements Guarantee (FEG). You can find out more about  FEG by calling 1300 135 040 or at https://employment.gov.au/fair-entitlements-guarantee-feg

If you believe that you have not received your entitlements under NSW industrial legislation, NSW IR recommends that you consider the following steps:


1   

Write to your Employer / Agent / Bailor / Principal Contractor

If you consider that you have not received your entitlements, you should write to your Employer / Agent / Bailor / Principal Contractor about the problem.

He or she may have made a genuine mistake that can be rectified easily after discussions with you.

Click for a sample letter of demand

2   

If your concerns about your entitlements remain unresolved
  • if you are a member of a union, contact your union for assistance, OR
  • take your own court action through a small claims application, OR
  • take your own legal action through a solicitor.

If you are unable to do any of the above, you may lodge a formal industrial complaint with NSW Industrial Relations.

3   

Lodge a complaint

If you have not been able to resolve your concerns regarding your outstanding entitlements, you can ring NSW Industrial Relations on 131 628 to discuss.

When lodging an industrial complaint you must make sure that:

  • All parts of your industrial complaint form are completed as accurately as possible.
  • Any relevant documentation and information is included with your complaint (e.g. final/last payslip etc.).
  • A copy of your ‘Letter of Demand’ is included.

You can lodge a complaint by: