Frequently Asked Questions
| State or Federal Coverage | |
State or Federal Coverage
State or Federal - which one am I?
Since the Federal Government's legislation took effect on 27 March
2006, employers who are constitutional corporations (i.e. a Pty Ltd or Ltd
company) and their employees are covered under Federal industrial relations
jurisdiction. Contact Fairwork Australia for further information.
Who do I contact if I am confused about State and Federal coverage?
You should contact Wageline on 1300 369 945 for further information
and assistance.
Name of Respondent/Defendant/Employer
How do I correctly indicate who the respondent/defendant/employer
is?
The onus is on the applicant to correctly identify their former employer.
One or more of the following may assist: group certificate, pay slip, letter
of appointment, job advertisement, or written agreement, Company or Business
Name Search.
Can I put the name of the director/owner/manager down as the respondent?
No, you should accurately name your employer only. If you do not have sufficient
documentation to prove your employer's identity you are able to obtain company
information from the Australian
Securities and Investments Commission.
Bill Smith was my boss, is that what I put down for the name of the
employer/respondent?
No, "Bill Smith" may be an employee as well and thus not the employer.
Even if Bill Smith is the owner of the business it may be operated through
a trust account or company, or a partnership. As a guide only, a pay slip
or Group Certificate may state the name of the actual employer. You may want to search
company information from the Australian
Securities and Investments Commission.
Representation
Can I be represented?
An applicant and respondent may appear in person. However, if he/she wishes
they can be represented by an Industrial Advocate or in some cases a Legal
Practitioner.
Do I need representation?
Representation is not compulsory and it is up to each individual party to
decide if he/she wishes to be represented.
Does the Commission represent me?
No, the Commission merely provides an avenue for disputes to be heard and
determined and must remain impartial at all times.
Does the Commission help me during the hearing?
Commission staff can only give advice regarding the established procedures
and may direct the parties to our library for research requirements.
Who would you recommend as a lawyer or industrial advocate?
For reasons associated with impartiality we are unable to make recommendations.
However, you may like to check the Yellow Pages under Industrial Relations
Consultants.
If I do get representation, when would be the best time to organise
representation?
It is up to the individual party but the earlier the better.
What happens if "they" have a lawyer and I don't?
The Queensland Industrial Relations Commission is considered to be a "Laypersons
Court" - it is not necessary to have a legal representative in attendance
as the Commissioner may ask questions directly of the individual even when
such a person is present. However, the represented party may gain an advantage
by being better informed and advised. Any costs of that representative have
to be carried by the particular party. "Costs" are not automatically
assigned to the losing party as in other legal jurisdictions (must be subject
to a specific application with no guarantee that it will be successful).
Unfair Dismissal? General Questions
How do I find out if I am an employee or sub-contractor?
The best idea would be to get independent legal advice. We are unable to tell
you whether you are a sub-contractor or an employee. It is up to you to find
that out.
I've been told to resign? What can I do?
It is completely up to you to decide what action you choose to take. It would
be best for you to get some independent third party advice before you do anything.
Refer to the Yellow Pages re: Industrial Relations Consultants.
I'm being harassed at work, what can I do?
That depends on the nature of the harassment. Have you spoken to the Human
Rights and Equal Opportunity Commission or Anti-Discrimination Commission,
to determine whether your claim should be lodged with that office?
What does the Commission consider when determining an unfair dismissal
claim?
In general terms the Commission may take into account whether a reason for
dismissal was given, whether the reason had a basis in fact, whether the applicant
was given an opportunity to give an explanation, whether a warning was given
and any other relevant matters.
Processing of a Claim - General
Do you think my claim is valid?
It is not for officers of the Registry to give their opinion as to the validity
of your claim or otherwise. The law prohibits us from giving our opinion or
advice. If you need advice it is best to obtain this from an Industrial Advocate
or a Lawyer.
How long will the whole process take, after I've lodged my claim
in the Commission?
A Conference between the parties is usually set down within three weeks of
an application being lodged. However, if a settlement is not reached at this
stage and a hearing is required (taking into account possible appeals) the
process could take up to 6-12 months. If there is an appeal it could take
even longer.
How long will it take for the Commission to issue a decision?
The issuing of decisions is influenced by various factors. Although most decisions
are issued from between 1 to 3 months after hearing they may take longer.
You may wish to speak to the Associate to the Commissioner who heard the claim
regarding an estimated decision date.
How long will the hearing itself take?
The amount of time necessary will depend on how long it takes for each witness
to give their evidence and be cross-examined by the other party. The more
evidence, generally the longer the hearing. The Commission will allocate the
hearing time.
How long does it take to settle a claim?
If a matter is to settle as a consequence of a conciliation conference, it
will become clear on the day of the conference or shortly thereafter if a
period is requested by either of the parties to consider any proposed terms
of settlement.
How long do I have to wait before the matter is heard?
An uncomplicated matter which is filed in the Commission and served on the
former employer immediately, is referred to the Commission shortly thereafter
and dealt with by way of a conciliation conference and can be completed within
a month on average. More complex matters that need to proceed to a formal
hearing before a Commissioner will take longer depending on the workload of
the Commissioner.
What happens if one of the parties does not turn up to a conference
or hearing?
The Commission will consider the reason for the non-attendance. It may hear
and determine the matter in the absence of that party.
I live in the country, can my matter be heard there?
Generally, telephone conferences will be automatically arranged in the first
instance. However, the Commissioner will hear the matter in the country.
If your claim is in the Commission you will need to bring it to the attention
of the Commission that you wish to have your matter heard in the country.
It will then be up to the Commission to decide if that can happen. Alternatively,
a telephone link-up may be used.
How do I find out where to make my application?
You will need to find out what award, if any, covers your employment, by contacting
Wageline on 1300 369 945. If
you are still not sure which jurisdiction you come under or where you need
to file your claim, seek legal advice. Wageline can also provide a copy of
the Reinstatement Kit.
Has the matter been allocated, and to whom?
Matters in the Queensland Industrial Relations Commission are allocated following
the filing of a request for hearing and, in any event, after 21 days from
the date of service. Parties can ascertain to whom the matter has been allocated
by telephoning the Registry of the Commission and giving the officer the number
of the application and/or the names of the parties.
When is the hearing date?
The hearing date for a matter will be advised to you by formal Directions
Order.
Costs
How much does it cost?
Generally, there are no filing fees for most applications lodged with the
Queensland Industrial Relations Commission. However, the exceptions are: (a)
an application made by an employee, under section 74 of the Act, for reinstatement;
and (b) an application made by a party or inspector, under section 276, to
amend or declare void a contract or part of a contract. The fee to file these
applications is $60.00.
What other costs will I face, other than the filing fee?
In relation to matters under the Industrial Relations Act 1999 it does
not cost you any more money unless you file further interlocutory applications
or purchase a transcript of the proceedings. Each party pays their own costs
in relation to preparation of their case, unless the Commissioner or Industrial
Magistrate orders.
Will it cost me to get any witnesses to the hearing?
If you have served an attendance notice (summons) on a witness, you must provide
them with sufficient travelling expenses.
Do I have to pay witnesses wages if they turn up for a hearing?
Not so. A person taking out a witness statement is always liable for the costs
of that witness, unless the Commissioner or Magistrate orders it.
Can I claim costs if I win?
The Commission can order costs and expenses of witnesses against either party.
It is not automatic in the Queensland Industrial Relations Commission that
the "loser" pays as in other legal jurisdictions.
If I win my case, can the employer deduct tax or is the amount ordered
to be paid, tax free?
Contact the Australian Taxation Office.
Compensation
Will I get the money that I am claiming in the Commission/Magistrates
Court?
If you are claiming monies due under an award or agreement that you were employed
under then the claim should be relatively straightforward. If your claim is
not settled at conference and goes to a hearing then a Commissioner will hear
all parties and determine the matter accordingly. The Commission staff is
unable to predict Commissioner or Industrial Magistrate decisions.
Appeals
What happens if I win or lose my case in the Commission? Is that
the end of the matter?
Either party may appeal the decision. Appeals may be heard by the Industrial
Court or a Full Bench of the Industrial Commission, depending on the type
of matter being appealed.
What does a party have to do to file an appeal?
An appeal against a decision of the Commission must be filed with the Industrial
Registry. Note that an appeal against a decision of an Industrial Magistrate
must be filed in the Court where the matter was originally heard.
IMPORTANT: Most appeals have time limits for filing an appeal, for example within 21 days of the date of the decision. In these cases, if the appeal is filed more than 21 days after the date of the decision an application to extend time is required.
If you are unclear on the appeal process, including the time limited for lodging an appeal, please contact the Industrial Registry.
Wages & Entitlements
How much should I be paid?
That will depend on the terms of your contract of employment. Your entitlements
may be derived from a number of sources including: the minimum conditions
of the Act, the award, certified agreement or as per the terms of an employment
contract. Refer to Wageline 1300 369 945, or visit their website.
I was being paid $5/hr cash in the hand and I've just found out the
award rate is $10/hr, what can I do?
Contact Wageline 1300 369 945 to find out your correct pay rates. If you believe
your employer has not been paying you in accordance with the relevant award,
or industrial law, then your claim can be investigated by an Industrial Inspector.
I'm being underpaid. What can I do?
If you are covered by a State or Federal award/registered workplace agreement
or the minimum conditions of employment cover you, you can file a claim through
the Industrial Magistrates Court for failing to pay the correct wages. If
you are covered by a contract of employment, your underpayment claim can go
through the Commission for a denial of contractual benefits as long as you
are an employee. Industrial Inspectors can investigate underpayments under
State or Federal awards, or breaches of the minimum conditions of the Act
provisions.
What are my entitlements?
Refer to Wageline
1300 369 945.
I have a question concerning superannuation. Where do I go?
Contact the Australian Taxation Office and speak to a Tax Officer by phoning
the information line on 13 10 20 between 8:00 a.m. and 6:00 p.m., Monday to
Friday.
My former employer won't give me a termination certificate, what
can I do?
Employment separation certificates are required by Centrelink
to enable a person to claim Newstart Allowance, Youth Allowance and, in some
cases, Parenting Payment. The information contained in the certificate is
used to ensure that only eligible people get paid an allowance and that they
are paid the right amount from the correct date. If your employer will not
provide an employment separation certificate you should contact the Centrelink
Business Hotline 13 11 58.
How much notice can I give?
Refer to Wageline. (You are required to give a period of notice of your intention
to terminate your employment, which is stated in your award, workplace agreement
or contract of employment.)
How much annual leave/sick leave should I get?
Refer to Wageline
Can the employer deduct any monies from my wage?
Refer to Wageline.
I'm an employer, where can I get advice?
You can ring Wageline on 1300 369 945 if you have queries concerning correct
payment to your employees, or in the alternative, obtain independent legal
advice or advice from an employer representative body.
I'm not happy with an employee and am considering terminating them
but want to make sure I do the right thing, who can I talk to? Can you help
me?
The Queensland Industrial Relations Commission is not an advisory
body. For information on issues to consider when terminating an employee you
may wish to seek independent legal advice or advice from an employer representative
body.
How do I find out in which jurisdiction to lodge my claim?
Contact Wageline on 1300 369 945, they will ask you questions about your employment
and from that they should be able to tell you where you should be lodging
your claim.
How do I find out what award or agreement I'm covered by?
You will have to contact Wageline on 1300 369 945 to find out what award or
agreement covers your employment.
How do I make a claim for a supported wage application?
The form is available from the Department
of Employment and Workplace Relations. The union is notified by the Industrial
Registrar of the application to give the union an opportunity to lodge an
objection within ten days.
The Queensland Workplace Rights Office provides information and advice on legislation affecting workplaces and investigates unfair, illegal or inappropriate workplace actions.
Union Related Enquiries
Can the union help me if I have been dismissed?
That is something that you will need to discuss with them. Unions can help
members with unfair dismissal claims.
Can I join the union after I've been dismissed?
That is something that you will need to discuss with them.
Do I have to join a union?
Refer to Wageline
1300 369 945.
Requests for access to information
Anyone can apply to obtain information held by the Industrial Registry under the Right to Information Act 2009. Fees and charges may apply.
Can I get a copy of an award?
All current State Awards are available from the QIRC Website.
A certified copy of an award may be requested in writing addressed to the Industral Registry giving full details
of the name of the award and how far the history of the award should be backdated.
Seven days should be allowed for this request. A fee of $0.50¢ per page
for photocopying will be charged.
The Industrial Relations Information Service (IRIS) offers for sale current copies of individual state awards, agreements or orders of the Queensland Industrial Relations Commission. IRIS also provides an annual subscription service that keeps you informed of industrial relations issues pertaining to your award.
Will your library help me with research?
The Queensland Industrial Relations Commission has a library located on the
13th Floor, Central Plaza 2, 66 Eagle Street, Brisbane. The library is open
to the public from 8.30 a.m. to 12.30 p.m. or by appointment. You are required
to carry out your own research but library staff will assist.
How do I find information on other similar cases?
Visit the website of the Australasian Legal Information Institute which has
a large database of cases in many jurisdictions including industrial tribunals:
www.austlii.edu.au. You may also
visit our library on the 13th Floor, Central Plaza 2, 66 Eagle Street, Brisbane.
Commission Proceedings – General
What are your opening hours?
Registry Hours: Monday to Friday 8:15 a.m. – 4:45 p.m.
Library Hours: Monday to Friday 8:30 a.m. – 4:00 p.m. (closed between 12:30 - 1:30)
Are there any hearings on today that I can sit in on?
Generally speaking any matter listed for hearing in a court room of the Queensland
Industrial Relations Commission is open to the public. Matters shown as being
a conference or being convened in a conference room are private to the parties
involved. A check with the Associate to the Commissioner conducting the hearing
on the day of the hearing is recommended to ensure that the matter is going
ahead.
Do I have to attend the hearing before the Commission?
Yes, unless the Commission has approved that you not attend for some reason.
If you are unable to attend a hearing for good reason, please advise the Commissioner's
Associate as soon as possible.
What does "double jeopardy" mean?
If an application is lodged in both the Queensland Industrial Relations Commission
and the Australian Industrial Relations Commission only one will proceed.
What does "without prejudice" mean?
That no party is admitting responsibility but in an endeavour to resolve the
dispute an offer is made - if accepted it usually requires signing a discontinuance
or if a Deed of Settlement is signed a clause of "No Further Claims"
is usually part of it.
Can I bring a friend/family member along to the conference?
You can bring someone along either as a representative or for general support.
Can I bring my witnesses to the conference?
Witnesses will not be required at a conference.
What is the object of a conference?
The purpose of the conference is to try to help the parties resolve the issues
at hand by way of conciliation.
What is a conference?
Essentially it is a private, informal meeting of the parties with a Member
of the Commission, on a "without prejudice" basis with the aim of
resolving the issue.
What happens if a matter doesn't get fixed at a conference?
The Commission may then hear and determine the issues in dispute at a formal
hearing.
How do I correctly address a Commissioner?
Correct address for a Commissioner is "Commissioner" or Sir/Madam
during proceedings.