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 an employee wishes to make a complaint, the Making a complaint about underpayment of wages or entitlements page explains the steps involved. An employee who wishes to remain anonymous can complete the Anonymous wage theft report form.

If the complaint is not resolved by conciliation, it may be referred by the industrial inspector to a formal investigation by the Department. Alternatively, the employee may take their own action in the Industrial Magistrates Court. The publication Taking a claim to the Industrial Magistrates Court is available to assist employees.

A 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.

Industrial inspectors may undertake a proactive compliance campaign in a particular industry. Information on current and previous campaigns can be found on the Proactive compliance campaigns page.

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.

The Private Sector Labour Relations Division of the Department has published a Compliance and Enforcement Policy setting out the various ways it may achieve compliance with state employment laws.