When you lodge a workplace complaint with us, there are steps we take to help you.

Not all steps apply to all workplace complaints as it depends on your situation (for example, different steps may apply if your complaint is about discrimination rather than industrial action or freedom of association).

Step 1 you've already been through. You found out your pay, conditions and workplace rights and tried to resolve the problem with the employer, but couldn’t.

Step 2 is where we get your workplace complaint and assign a Fair Work Inspector to investigate. They usually write to you and the employer and give you and the employer time to consider and fix the problems.

If this doesn't happen, the Fair Work Inspector will start a full investigation.

Full investigation - what happens?

The Fair Work Inspector contacts the employer to ask for more information, relevant records and documents.

If we don't get this information in the time allowed, the Fair Work Inspector may visit the workplace to get it.

Once the Fair Work Inspector has all the information and documents they need, they’ll review your workplace complaint and interview any relevant 3rd parties if necessary.

If the Fair Work Inspector finds evidence that Commonwealth workplace laws aren't followed, they'll take further steps towards resolving the matter.

Our Fair Work Inspectors aim to resolve most workplace complaints within 90 days, but investigations may take longer depending on how complex the case is.

What if the problems still aren't fixed?

If your employer doesn't fix the identified issues, we'll tell you what legal options may be available to you. At the same time, we may begin legal action against your employer under Commonwealth workplace laws.

If we decide to take legal action, you might have to give evidence in court. If this happens, the Fair Work Inspector will help you prepare.

Interpreting and translating services are available for court appearances if you need them.

Your employer may face penalties of as much as $33,000 per contravention.

Taking your own action

At any stage, you can take your own legal action to recover outstanding wages and / or entitlements. You can do this yourself, with our help or the help of your union.

If you decide to take your own action, the Fair Work Inspector can give you a small claims kit. This includes a summary of their findings about your workplace complaint and details about the small claims process.

If you take your own action, you need to tell the Fair Work Inspector handling your complaint.