Award and minimum entitlements
Employees who have not received wages or other benefits due under an award, agreement or the Minimum Conditions of Employment Act can contact Wageline on 1300 655 266.
Information for employees
There are a number of easy steps employees can take for establishing whether they are receiving their correct wages and entitlements from employers and what can be done to rectify the situation if they are not.
In situations where employees believe they have not been paid correctly, the Department of Commerce may assist by providing impartial assessments of the matters involved, with intervention to ensure that industrial laws are observed, if this is applicable. Assistance can only be provide where employees are employed under:
- An award;
- An employer-employee agreement
- An enterprise bargaining/industrial agreement; or
- The minimum conditions of employment contained in the Minimum Conditions of Employment Act 1993.
If employed under a workplace agreement, employees should not that workplace agreements ceased to operate from 15 September 2003 and transitional arrangements apply. Enquiries as to entitlements under the transitional arrangements and requests for further information can be made to the department's Wageline on 1300 655 266.
Steps to take
The first steps in the process are outlined below:
Step One - Approach the employer
This department mostly provides assistance in response to formal written enquiries. But before lodging a formal enquiry, employees should discuss the matter directly with their employer. If the discussion does not rectify the situation, an approach may have to be made to the employer in writing. Sample letters that assist employees to clearly outline their claims can be obtained from Wageline on 1300 655 266.
Step Two - Advise the Department of Commerce
Where employers do not respond to employees' letters or are not prepared to resolve matters satisfactorily, employees should advise Wageline on 1300 655 266 and ask to be sent a formal enquiry form. This needs to be completed and sent back to the department, together with copies of the correspondence to the employer regarding the unpaid wages and any other evidence that may assist in substantiating the claim.
Taking independent action
Employees should note that they may also take their own action to recover outstanding wages, either independently or through their union. Employees wishing to take their own legal action should contact the Industrial Magistrates Court on (08) 9420 4411 for advice on the procedure.
Information for employers
Employers have a legal obligation to pay employees their lawful wages and entitlements. This section aims to help employers understand those obligations and the process the department undertakes when it received complaints from employees.
Under Western Australian law, employers are required to pay employees their correct entitlements, including rates of pay, leave and allowances. Failure to do so could result in lengthy and costly proceedings in the Industrial Magistrate's Court.
When employee complaints are received, the department's first response is to try to assist the parties in resolving their differences through dialogue and mutual agreement. If this fails, the department may then undertake formal investigations as to the validity of claims, and if required, seek intervention of the courts in enforcing outcomes of its enquiries.
The department has produced a booklet entitled Complaints about Wages - An employer's guide which outlines the six key steps involved in the resolution of a complaint. This booklet is available here as a pdf or by contacting Wageline on 1300 655 266.