Industrial inspectors for the Private Sector Labour Relations Division of the Department of Energy, Mines, Industry Regulation and Safety (the Department) have responsibility for enforcing state employment laws. The functions of industrial inspectors include:
- conciliating and investigating complaints from employees that they have not received their correct employment entitlements;
- undertaking proactive compliance campaigns to ensure employers in a particular industry are complying with their minimum employment obligations; and
- taking enforcement action to address non-compliance, which may include court proceedings where appropriate.
The Department’s Compliance and Enforcement Policy (PDF, 139.65KB) sets out the various ways it may achieve compliance with state employment laws.
Conciliations
Show moreAn employee wanting to make a underpayment complaint about unpaid wages or entitlements can click the link below for the steps involved, and to complete the online complaint form.
Where an employee makes a complaint to the Department, an industrial inspector will usually attempt to conciliate the matter between the employee and their employer. The conciliation process generally takes up to 28 days.
If the complaint is not resolved by conciliation, it may be referred by the industrial inspector to a formal investigation by the Department.
An employee who wants to remain anonymous can complete the anonymous wage theft report form. This form provides information to industrial inspectors but may not result in specific action being taken in relation to an employee’s underpayment claim.
Alternatively, the employee may take their own action in the Industrial Magistrates Court. The publication Taking a claim to the Industrial Magistrates Court (PDF, 532.2KB) is available to assist employees.
Formal investigations
Show moreA formal investigation involves an industrial inspector gathering evidence to determine whether there has been a contravention of a state employment law.
As part of an investigation, an industrial inspector will generally:
- require the employer to produce relevant records such as pay slips and timesheets, tax documents and bank/financial records;
- interview and take a statement from the employee involved;
- interview and take a statement from any relevant witnesses (such as co-workers, bookkeepers and clients of the business);
- provide the employer with an opportunity to participate in a formal record of interview;
- assess the evidence to determine whether there has been a contravention; and
- provide the employer with the opportunity to voluntarily rectify any identified contravention.
If an employer does not voluntarily rectify a contravention, an industrial inspector may take enforcement action to ensure compliance. This may include taking proceedings in the Industrial Magistrates Court against the employer.
Proactive compliance campaigns
Show moreIndustrial inspectors may undertake a proactive compliance campaign in a particular industry. Visit proactive compliance campaigns for information on current and previous campaigns.
As part of a proactive compliance campaign, industrial inspectors will generally:
- physically visit business premises unannounced;
- talk to the employer and employees;
- inspect and take copies of employment records kept at the business premises;
- issue the employer with a notice requiring them to produce specified records by a specified date;
- assess the records to determine whether there has been a contravention; and
- provide the employer with the opportunity to voluntarily rectify any identified contravention.
If an employer does not voluntarily rectify a contravention, an industrial inspector may take enforcement action to ensure compliance. This may include taking proceedings in the Industrial Magistrates Court against the employer.
