Lodging a complaint with NSW Industrial Relations | NSW Government
Archived: 2026-04-23 17:39
Lodging a complaint with NSW Industrial Relations | NSW Government
Lodging a complaint with NSW Industrial Relations
If you feel that you have not received a workplace entitlement owed to you, you may be able to lodge a complaint with NSW Industrial Relations.
Listen
Before lodging a complaint
Read through this page before lodging a complaint with
NSW Industrial Relations
.
For NSW Industrial Relations to process your complaint, you generally need to be currently employed or have ceased employment within the
12 months
immediately preceding lodgement of the complaint,
and
:
Believe you have not been paid a
long service leave
entitlement, or
Be currently employed or have been employed by a
NSW Government
or
NSW local government
employer named in the complaint, or
Have not received statutory entitlements as a
bailee in the taxi industry
or as a
contract driver
under a Contract Determination.
How to Lodge a Complaint
Read through these steps before lodging your complaint. For example, you may need to lodge your complaint with a
different agency
, or follow certain procedures before lodging the complaint.
At any time you can view NSW Industrial Relations
Complaints Handling Policy (PDF 226.93KB)
and online learning on
recovering your entitlements
, or call us on
131 628
to discuss.
1
Check what we can and can't assist with
What NSW Industrial Relations can assist with
NSW Industrial Relations
handles complaints concerning:
breaches of the Long Service Leave Act 1955
non-payment of statutory entitlements to a bailee in the taxi industry or a contract driver under a Contract Determination
non-payment of state award or statutory entitlements to a local government employee or a NSW public sector employee
illegal deduction from the pay of a local government employee or a NSW public sector employee.
What NSW Industrial Relations can't assist with and who to contact instead
If your complaint is about
pay, conditions or workplace rights
under Commonwealth legislation, enterprise agreements or modern awards, contact Fair Work Ombudsman on
131 394
.
If your complaint is about
ending employment
including unfair dismissal, unlawful termination or general protections, or about bullying, harassment or discrimination at work, contact Fair Work Commission on
1300 799 675
.
Important note: If you are a
NSW Public Sector
employee or a
NSW Local Government
employee and you are considering or intend to lodge a claim for
unfair dismissal
contact the
NSW Industrial Relations Commission
2
Try to resolve the complaint yourself
Speak to your employer/ bailor / principal contractor regarding the issue.
It is possible that a genuine mistake was made but can be rectified easily after discussions between the parties. See Step 5 below for a sample letter of demand.
3
Contact your union if you are a member
Your union may be able to advise you.
4
Seek independent legal advice if you are able to
LawAccess NSW
is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in NSW. The Law Society of NSW also runs a
Solicitor Referral Service (SRS)
which can provide personalised assistance.
5
Do a Letter of Demand
Send a Letter of Demand to your employer/ bailor / principal contractor to formally demand the amount you believe is owed to you. See below for more information about sending a letter of demand, as well as templates for you to use.
Wait 7 days for your employer/ bailor / principal contractor to respond to the letter of demand.
If they have not responded, or the dispute is not resolved, after 7 days you may lodge a complaint with NSW Industrial Relations (see next step). Any complaint submitted without waiting the 7 days for a response or a copy of the letter of demand will be automatically closed.
How to do a Letter of Demand
Use these steps:
a) Select the most appropriate template
from the list below (Word documents).
Template 1 – Generic Unpaid Long Service Leave Entitlement (DOCX 45.92KB)
Template 2 - Unpaid Long Service Leave Entitlement >10 years’ service (DOCX 48.5KB)
Template 3 - Unpaid Long Service Leave Entitlement <10 years’ service (DOCX 44.84KB)
Template 4 - Bailee taxi driver unpaid entitlement (DOCX 42.61KB)
Template 5 – Transport industry (Contract Drivers) unpaid entitlement (DOCX 42.32KB)
Template 6 – Local government unpaid entitlement (DOCX 42.12KB)
Template 7 – Public sector (NSW government) unpaid entitlement (DOCX 42.64KB)
b) Complete as relevant to your situation and send to your employer/ bailor / principal contractor
to formally demand they pay any unpaid entitlements you believe are owed to you.
c) Wait 7 days for your employer/ bailor / principal contractor to respond to the letter of demand.
If they have not responded, or the dispute is not resolved, after 7 days you may lodge a complaint with NSW Industrial Relations (see next step).
Note
that any complaints submitted without waiting the 7 days for a response or a copy of the letter of demand will be automatically closed.
6
Contact us about your complaint
If you have not been able to resolve your concerns regarding your outstanding entitlements by following the steps above, you can call NSW Industrial Relations on
131 628
to discuss.
For us to process your complaint, generally you have to:
be currently employed or have been employed by the employer named in the complaint within 12 months immediately preceding lodgement of the complaint
have an entitlement to long service leave relating to employment with an employer in the 12 months immediately preceding lodgement of the complaint
be a contract driver under a Transport Industry Contract Determination or have been such a contract driver within the 12 months immediately preceding lodgement of the complaint
be a current bailee under the
Taxi Industry (Contract Drivers) Contract Determination 1984
or have been such a bailee within 12 months immediately preceding lodgement of the complaint.
7
Complete the complaints form and attach supporting documents
There are mandatory fields you will need to complete as well as attaching supporting documents.
Access and complete the complaint form
Online Complaint Form
, OR
Printable form (PDF 256.61KB)
you'll need to complete and post to NSW Industrial Relations GPO Box 5341, Sydney NSW 2001.
Attach relevant documents
When lodging an industrial complaint you will need to make sure that:
All parts of your
industrial complaint form
are completed as accurately as possible.
All
relevant documents and information
are included with your complaint (eg your commencement date, any breaks of employment, termination letters, and payslips).
Evidence of any prior attempt to resolve the dispute
is included with your complaint, such as a copy of your letter of demand.
If a Complainant requires assistance
due to barriers such as
language, disability, homelessness, literacy
they may seek our assistance to lodge their complaint by calling
131 628
After a complaint is lodged
All complaints will be acknowledged on receipt. We will then do an assessment of the complaint. See the assessment processes in the steps below.
Be aware that:
NSW Industrial Relations will handle your complaint in accordance with our
Complaints Handling Policy
Both parties to a complaint can expect to have the matters raised in the complaint handled in a professional and timely manner.
When we act on a complaint, we will impartially investigate the matter to identify potential breaches of NSW industrial relations laws.
We do not represent, or act on behalf of, either party
in an investigation.
1
Assessment
The assessment will determine whether:
We are empowered by legislation to proceed with this complaint.
Relevant timeframes are satisfied (the complaint was lodged within 12 months of the alleged breach or non-compliance).
The Complainant has sent a Letter of Demand to the Respondent and the time for response has expired.
We
may not accept
complaints where:
You have not already tried to resolve the matter yourself with the other party.
There is an unresolved unfair dismissal application concerning your employment which is subject to the complaint. NSW Industrial Relations can only investigate your complaint after the unfair dismissal application has been finalised.
Allegations of criminal activity remain unresolved.
Your engagement was terminated over 12 months ago.
Your former employer / bailor / principal contractor is in liquidation. If this is the case you should contact the appointed liquidator. Information regarding
insolvency for employees
can be accessed from ASIC’s website. Further assistance is also available from the Federal Department of Employment and Workplace Relations, the agency responsible for the Fair Entitlements Guarantee (FEG). You can find out more about FEG by calling 1300 135 040 or
at their website
.
2
Assistance
Complaints satisfying the eligibility requirements above will be allocated for Assistance. During this phase, we will assist the Complainant and Respondent to resolve the complaint by providing information on the relevant legislation.
3
Investigation
If the parties are unable to resolve the matter, the complaint
may
proceed to an investigation. During this phase we will conduct a thorough investigation to identify whether there has been breaches of NSW industrial relations legislation, and if necessary, take steps to enforce compliance.
4
After an Investigation
Where any breach of the NSW Industrial Relations laws can be established, we are able to impose various sanctions. These include: a Formal Caution, General Penalty Notice and Notice to Employer. We may also recommend prosecution action, where appropriate.
Please see our
Complaints Handling Policy
for more information.
Related information
Complaints handling policy - NSW Industrial Relations
Self-reporting non-compliance - Information for employers
NSW Industrial Relations
download
Download as PDF
print
Print this page
share
Share this page
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Lodging a complaint with NSW Industrial Relations
If you feel that you have not received a workplace entitlement owed to you, you may be able to lodge a complaint with NSW Industrial Relations.
Listen
Before lodging a complaint
Read through this page before lodging a complaint with
NSW Industrial Relations
.
For NSW Industrial Relations to process your complaint, you generally need to be currently employed or have ceased employment within the
12 months
immediately preceding lodgement of the complaint,
and
:
Believe you have not been paid a
long service leave
entitlement, or
Be currently employed or have been employed by a
NSW Government
or
NSW local government
employer named in the complaint, or
Have not received statutory entitlements as a
bailee in the taxi industry
or as a
contract driver
under a Contract Determination.
How to Lodge a Complaint
Read through these steps before lodging your complaint. For example, you may need to lodge your complaint with a
different agency
, or follow certain procedures before lodging the complaint.
At any time you can view NSW Industrial Relations
Complaints Handling Policy (PDF 226.93KB)
and online learning on
recovering your entitlements
, or call us on
131 628
to discuss.
1
Check what we can and can't assist with
What NSW Industrial Relations can assist with
NSW Industrial Relations
handles complaints concerning:
breaches of the Long Service Leave Act 1955
non-payment of statutory entitlements to a bailee in the taxi industry or a contract driver under a Contract Determination
non-payment of state award or statutory entitlements to a local government employee or a NSW public sector employee
illegal deduction from the pay of a local government employee or a NSW public sector employee.
What NSW Industrial Relations can't assist with and who to contact instead
If your complaint is about
pay, conditions or workplace rights
under Commonwealth legislation, enterprise agreements or modern awards, contact Fair Work Ombudsman on
131 394
.
If your complaint is about
ending employment
including unfair dismissal, unlawful termination or general protections, or about bullying, harassment or discrimination at work, contact Fair Work Commission on
1300 799 675
.
Important note: If you are a
NSW Public Sector
employee or a
NSW Local Government
employee and you are considering or intend to lodge a claim for
unfair dismissal
contact the
NSW Industrial Relations Commission
2
Try to resolve the complaint yourself
Speak to your employer/ bailor / principal contractor regarding the issue.
It is possible that a genuine mistake was made but can be rectified easily after discussions between the parties. See Step 5 below for a sample letter of demand.
3
Contact your union if you are a member
Your union may be able to advise you.
4
Seek independent legal advice if you are able to
LawAccess NSW
is a free government telephone service that provides legal information, referrals and in some cases, advice for people who have a legal problem in NSW. The Law Society of NSW also runs a
Solicitor Referral Service (SRS)
which can provide personalised assistance.
5
Do a Letter of Demand
Send a Letter of Demand to your employer/ bailor / principal contractor to formally demand the amount you believe is owed to you. See below for more information about sending a letter of demand, as well as templates for you to use.
Wait 7 days for your employer/ bailor / principal contractor to respond to the letter of demand.
If they have not responded, or the dispute is not resolved, after 7 days you may lodge a complaint with NSW Industrial Relations (see next step). Any complaint submitted without waiting the 7 days for a response or a copy of the letter of demand will be automatically closed.
How to do a Letter of Demand
Use these steps:
a) Select the most appropriate template
from the list below (Word documents).
Template 1 – Generic Unpaid Long Service Leave Entitlement (DOCX 45.92KB)
Template 2 - Unpaid Long Service Leave Entitlement >10 years’ service (DOCX 48.5KB)
Template 3 - Unpaid Long Service Leave Entitlement <10 years’ service (DOCX 44.84KB)
Template 4 - Bailee taxi driver unpaid entitlement (DOCX 42.61KB)
Template 5 – Transport industry (Contract Drivers) unpaid entitlement (DOCX 42.32KB)
Template 6 – Local government unpaid entitlement (DOCX 42.12KB)
Template 7 – Public sector (NSW government) unpaid entitlement (DOCX 42.64KB)
b) Complete as relevant to your situation and send to your employer/ bailor / principal contractor
to formally demand they pay any unpaid entitlements you believe are owed to you.
c) Wait 7 days for your employer/ bailor / principal contractor to respond to the letter of demand.
If they have not responded, or the dispute is not resolved, after 7 days you may lodge a complaint with NSW Industrial Relations (see next step).
Note
that any complaints submitted without waiting the 7 days for a response or a copy of the letter of demand will be automatically closed.
6
Contact us about your complaint
If you have not been able to resolve your concerns regarding your outstanding entitlements by following the steps above, you can call NSW Industrial Relations on
131 628
to discuss.
For us to process your complaint, generally you have to:
be currently employed or have been employed by the employer named in the complaint within 12 months immediately preceding lodgement of the complaint
have an entitlement to long service leave relating to employment with an employer in the 12 months immediately preceding lodgement of the complaint
be a contract driver under a Transport Industry Contract Determination or have been such a contract driver within the 12 months immediately preceding lodgement of the complaint
be a current bailee under the
Taxi Industry (Contract Drivers) Contract Determination 1984
or have been such a bailee within 12 months immediately preceding lodgement of the complaint.
7
Complete the complaints form and attach supporting documents
There are mandatory fields you will need to complete as well as attaching supporting documents.
Access and complete the complaint form
Online Complaint Form
, OR
Printable form (PDF 256.61KB)
you'll need to complete and post to NSW Industrial Relations GPO Box 5341, Sydney NSW 2001.
Attach relevant documents
When lodging an industrial complaint you will need to make sure that:
All parts of your
industrial complaint form
are completed as accurately as possible.
All
relevant documents and information
are included with your complaint (eg your commencement date, any breaks of employment, termination letters, and payslips).
Evidence of any prior attempt to resolve the dispute
is included with your complaint, such as a copy of your letter of demand.
If a Complainant requires assistance
due to barriers such as
language, disability, homelessness, literacy
they may seek our assistance to lodge their complaint by calling
131 628
After a complaint is lodged
All complaints will be acknowledged on receipt. We will then do an assessment of the complaint. See the assessment processes in the steps below.
Be aware that:
NSW Industrial Relations will handle your complaint in accordance with our
Complaints Handling Policy
Both parties to a complaint can expect to have the matters raised in the complaint handled in a professional and timely manner.
When we act on a complaint, we will impartially investigate the matter to identify potential breaches of NSW industrial relations laws.
We do not represent, or act on behalf of, either party
in an investigation.
1
Assessment
The assessment will determine whether:
We are empowered by legislation to proceed with this complaint.
Relevant timeframes are satisfied (the complaint was lodged within 12 months of the alleged breach or non-compliance).
The Complainant has sent a Letter of Demand to the Respondent and the time for response has expired.
We
may not accept
complaints where:
You have not already tried to resolve the matter yourself with the other party.
There is an unresolved unfair dismissal application concerning your employment which is subject to the complaint. NSW Industrial Relations can only investigate your complaint after the unfair dismissal application has been finalised.
Allegations of criminal activity remain unresolved.
Your engagement was terminated over 12 months ago.
Your former employer / bailor / principal contractor is in liquidation. If this is the case you should contact the appointed liquidator. Information regarding
insolvency for employees
can be accessed from ASIC’s website. Further assistance is also available from the Federal Department of Employment and Workplace Relations, the agency responsible for the Fair Entitlements Guarantee (FEG). You can find out more about FEG by calling 1300 135 040 or
at their website
.
2
Assistance
Complaints satisfying the eligibility requirements above will be allocated for Assistance. During this phase, we will assist the Complainant and Respondent to resolve the complaint by providing information on the relevant legislation.
3
Investigation
If the parties are unable to resolve the matter, the complaint
may
proceed to an investigation. During this phase we will conduct a thorough investigation to identify whether there has been breaches of NSW industrial relations legislation, and if necessary, take steps to enforce compliance.
4
After an Investigation
Where any breach of the NSW Industrial Relations laws can be established, we are able to impose various sanctions. These include: a Formal Caution, General Penalty Notice and Notice to Employer. We may also recommend prosecution action, where appropriate.
Please see our
Complaints Handling Policy
for more information.
Related information
Complaints handling policy - NSW Industrial Relations
Self-reporting non-compliance - Information for employers
NSW Industrial Relations
download
Download as PDF
Print this page
share
Share this page
X
Top
of page
north