The Office of Industrial Relations (“OIR”) in New South Wales (“NSW”), Australia has the primary responsibilities to monitor wages, employment rights, obligations and employment conditions in NSW. The OIR works in partnership with the Commonwealth’s Fair Work Ombudsman to ensure NSW private sector businesses comply with their responsibilities under the national workplace relations system.
How does it work?
If one believes that they have not received their entitlements under the NSW industrial legislation, and if they have been unable to resolve their concerns by writing to their employer or via the union, small claims application, or legal action through a solicitor, one may lodge a formal industrial complaint with the OIR.
The OIR investigates alleged breaches of NSW industrial relations legislation including long service leave in NSW, taxi industry, transport industry contract terminations and industrial instruments covering local government employees.
Generally, the industrial complaint will be investigated if:
· The employee has already tried to resolve the matter with the employer;
· The underpayments relate to work undertaken in the last 12 months;
· The employee’s yearly salary did not exceed $123,300 gross.
Who can access it?
All employees in New South Wales. Workers with a complaint relating to pay and conditions, threats by an employer or discrimination at work are now assisted by the Fair Work Ombudsman or Fair Work Commission.