Frequently asked questions

Can I apply or appeal to the Queensland Industrial Relations Commission?

The jurisdiction of the Commission includes the following matters arising within Queensland:

• wage recovery;
• industrial disputes involving state and local government employees;
• unfair dismissals and reinstatement applications for state and local government employees;
• awards and agreements;
• workers' compensation appeals';
• work-related anti-discrimination referrals and complaints;
• bullying claims;
• public sector appeals;
• trading hours;
• work, health and safety disputes and reviews;
• long service leave payment applications; and
• other matters prescribed under various acts.

Generally speaking, the Industrial Relations Act 2016 applies to:

• the State government (and entities related to the State government) and their employees; and
• local governments (and entities related to local governments) and their employees.               

Further, the provisions of the Queensland Employment Standards with regards to long service leave, jury service leave and emergency service leave may apply to employers and employees who are generally covered by the Fair Work Act 2009.

Otherwise, if you are a private employer (otherwise known as a national system employer), or a current or past employee of a private employer (a national system employee), then you should contact the Fair Work Commission or the Fair Work Ombudsman for more information.

Self Represented Litigants

If you are representing yourself in a hearing or conference before the Industrial Court or Commission, please refer to the "Fact Sheet - Tips for the Self Represented Litigant".

Representation generally

Section 529 of the Industrial Relations Act 2016 deals with the issue of representation generally.  For further information regarding when you can and cannot be represented, please refer to the Representation Information Sheet.

Can I be represented by a lawyer or agent?

Yes. However, there are restrictions placed on when you can be represented by a lawyer (for more information, see below "Legal Representation"). You can also represent yourself. Parties are often represented by lawyers, an agent or industrial advocate, or an officer of a union.

If you wish to be represented by an advocate, agent or industrial organisation, your representative will need to complete a Form 33 - Notice of appointment of agent.

Legal Representation

The topic of legal representation is covered in sections 529, 530 and 530A of the Industrial Relations Act 2016.

Generally, in most instances, parties may be represented by a lawyer only if:

• all parties consent; or
• the Court or Commission gives leave.

However, in relation to public sector appeals, a party may not be legally represented.

Furthermore, Practice Direction 1 of 2023 (Parties or Persons Applying for Leave to be Represented by a Lawyer) outlines the process should a party or person wish to be legally represented in certain (not all) matters before the Commission.

A Representation Information Sheet is available which outlines some further information around legal representation, when a Form 101 (Application for leave to be represented by a lawyer) and Form 102 (Response to application for leave to be represented by a lawyer) are required, generally when legal representation is and isn't allowed, and the steps you need to take should you wish to pursue representation.

Do I need representation?

Representation is not compulsory, and it is up to you to decide if you wish to be represented. 

Who would you recommend as a lawyer or industrial advocate?

Because the Court and Commission are impartial, we are unable to make recommendations regarding representation. You may, however, be able to obtain some advice and resources through the following services:

General Legal Advice

• Basic Rights Queensland - a specialist community legal centre providing free advice, advocacy and legal services state-wide by telephone
• Working Women Queensland - a part of Basic Rights Queensland, they provide information and advice for women in the workplace. May also provide representation
• Community Legal Centres - local community legal centre that may provide legal advice and assistance
• Legal Aid Queensland (LAQ) - provide legal advice over the phone and via their website to eligible people, such as financially disadvantaged, as well as Aboriginal and Torres Strait Islander Peoples and youth under 18 years of age
• Caxton Legal Centre - assist people by providing free legal help to those who are disadvantaged or on a low income on work-related issues
• Women's Legal Service Queensland (WLSQ) - community legal centre offering free assistance for women who need help with domestic and family violence, separation/divorce matters, child safety matters etc
• Queensland Advocacy for Inclusion - accredited community legal centre, advocating for the protection and enhancement of the needs, rights and lives of people with a disability, including work-related issues

General Information

• Office of Industrial Relations - Information Services Unit - provide information on long service leave entitlements, child employment laws, private employment agents, retail trading hours and public holidays as well as information on which award or agreement may be relevant 
• Office of Industrial Relations – Workplace Health and Safety and Electrical Safety Office - information and work health and safety/electrical safety laws in Queensland
• Australian Taxation Office - All tax related information – how much tax to pay, tax returns, tax file numbers, deductions for occupations, Medicare levy, superannuation etc
• Queensland Courts - contact details for all courthouses throughout Queensland

Information for Public Sector Employees

• Queensland Government - a valuable resource relating directly to public sector employment containing links to all Queensland Government directives, policies, circulars and guidelines.  Also contains links to information on payroll, leave, benefits, employee assistance programs etc
• Public Sector Commission - Queensland public sector's central human resource agency.  Manages the public sector employment framework – directives, policies and guidelines etc, including the Code of Conduct

Information for Private Sector Employees and Employers

• Fair Work Commission - national workplace relations tribunal and registered organisations regulator and sets minimum wages for Australia.  They help with issues in the workplace (unfair dismissal, disputes, bullying, harassment, discrimination, awards, agreements, etc)
• Fair Work Ombudsman - information on pay and wages, leave, starting employment, employment conditions, workplace problems, ending employment. They provide education, assistance, advice and guidance to employers, employees, outworkers etc

Anti-Discrimination and Human Rights

• Queensland Human Rights Commission - dispute resolution service for discrimination, human rights, sexual harassment and vilification complaints.  They are an independent Commission, but are not an enforcement body and do not have the power to make rulings (that is the role of the QIRC).

Workers’ Compensation

• Office of Industrial Relations – Workers' Compensation Regulatory (WCR) Services
  • workers' compensation regulator in Queensland
  • handle disputes regarding decisions made by WorkCover or self-insurers
  • take legal action when workers' compensation laws are broken
  • facilitate medical assessment tribunals
  • promote rehabilitation and return to work
  • any requests for extensions on filing an appeal need to go through WCR
• Workers' Compensation Information and Advisory Service (linked to Queensland Council of Unions) – provides information to injured workers, unions and community organisations about workers' compensation
• Workers Psychological Support Service – provides support to workers experiencing work related psychological injury to content with community services they may need
• Queensland Chamber of Commerce and Industry - Workers' Compensation Hotline – may be able to provide advice to all Queensland employers regarding workers’ compensation
   

How long will it take for the Commission to issue a decision?

The time taken to make a decision is influenced by various factors, for example:

• the type and complexity of the matter; and
• the length of hearing and evidence tendered.

It is not appropriate to enquire as to when a decision of the Commission will be released.  Parties to the matter will be notified as soon as a decision is made.

How long will the hearing itself take?

The time taken to hear a matter is largely dependent on the following:

• the type and complexity of the matter;
• the number of witnesses to be called to give evidence;
• the location of the hearing.  

These matters will be discussed with the parties during the course of preparation for hearing.

Does my matter have to proceed to a hearing?

Not necessarily. Sometimes matters may settle at a conciliation stage, or an applicant/appellant or complainant may choose not to proceed to hearing after discussions are held between the parties.  If an applicant/appellant/complainant chooses not to proceed with their matter, they should file a Form 27 - Request to discontinue proceeding.

How long does it take to settle a claim?

If a matter is to settle as a consequence of a conciliation conference, the terms of settlement, including the time needed by the parties to finalise a matter, will be discussed.

How long do I have to wait before the matter is heard?

The setting of hearing dates is dependent upon the following:

• the workload of the Commission;
• the availability of the parties, and witnesses if applicable;
• the availability of a regional courthouse if applicable;
• the length of time in the Directions issued by the Commission. 

What happens if one of the parties does not turn up to a conference or hearing?

The Commission will consider the reason for the non-attendance. In some instances, it may hear and determine a matter in the absence of a party. It is important to ensure you attend the Commission as directed.

I note that the Commission is based in Brisbane.  Are matters heard outside Brisbane?

In the case of conferences, the Commission may allow parties to appear by telephone or video conferencing.  A request may be made in writing.

Depending on differing circumstances, such as the physical location of parties or witnesses, the Commission may also hear matters at various court houses throughout Queensland (pending availability).

How will I know when my conference or hearing is?

The date for your conference or for your hearing will be sent to you in a Notice of Listing. Conference or hearing dates may also be contained within a Directions Order. Ensure to thoroughly read all material sent to you by the Industrial Registry or Commission to ensure no details are missed, such as a date to appear.

What is a directions order?

The Commission administers its matters via Directions Orders which are the 'road-map' for how your matter will be conducted, when documents are due to be filed, which documents should be filed and provided to other parties, and when you need to appear at the Commission for a conference, mention or hearing. 

You must comply with a directions order issued by the Court, Commission or Industrial Registry.  Failure to do so can have negative consequences.

How do I communicate with the Court, Commission or Industrial Registry?

All communication with the Court and Commission should be made through the Industrial Registry.  Unless there is great urgency, parties are encouraged to use email as the preferred means of communication (qirc.registry@qirc.qld.gov.au)

All parties are expected to communicate with each other, and staff, respectfully and courteously.  Rude, aggressive or disrespectful behaviour will not be tolerated.

What email address should correspondence be sent to?

All email correspondence should be sent to qirc.registry@qirc.qld.gov.au. Parties are reminded to copy the other party/parties in any communication to the Industrial Registry at all times.  Correspondence should clearly refer to the particular matter e.g. including the matter number and name, if applicable.

Can the Industrial Registry give me advice?

Industrial Registry staff are not permitted to give legal advice.  Staff cannot provide advice as to whether a specific claim/application/appeal should be commenced or what specific information to include in a claim/application/appeal.

Further, parties should not ask what a decision or judgment of the Court or Commission might be, or when a decision or judgment is expected to be released. Staff are not able to interpret decisions, judgements or orders.

Enquiries with staff should be limited to matters relating to practice, procedure and process. Much of the information that can be provided by staff is also publicly available on the website and it is recommended that parties consider these for any resources they seek prior to contacting the Industrial Registry.

Is there a guideline on how to communicate with the Court, Commission or Industrial Registry?

The Communication Guideline provides an outline for parties to follow when communicating with the Court, Commission or Industrial Registry.

Are there any costs involved in starting a matter?

Most applications, claims and appeals filed in the Industrial Registry do not require a filing fee.

Filing fees are outlined in Schedule 1 of the Industrial Relations (Tribunals) Rules 2011

What other costs might I face, other than a filing fee?

Depending on the matters at issue and the duration of the proceeding, hearings before the Commission may be expensive.  Barristers, solicitors, medical experts, and witnesses may be involved.

Generally, each party to a proceeding must bear their own costs for the proceeding.  There is provision, however, for the Commission to make an order requiring a party to the proceeding to pay all or part of the costs incurred by another party (either by way of a fixed amount or an amount as assessed in accordance with a court scale), if the Commission considers it would be in the interest of justice to do so.

Does it cost anything to search and copy documents?

Should you wish to make a request please complete the Search and Copy request form and submit via email to qirc.registry@qirc.qld.gov.au. For more information, please refer to the Services tab on the website.

To search or inspect a filed document $5.30. To photocopy a filed document 53c for each page.

Will it cost me to get any witnesses to the hearing?

Witnesses who attend the Commission are entitled to have their reasonable expenses of travelling to the Commission paid by the person who calls them to give evidence.  Those witnesses are also entitled to an allowance equivalent to that which would be payable to a witness in a civil action in the Supreme Court.  This allowance is paid daily and is referred to as 'conduct money'.  Expert (professional) witnesses, such as doctors or psychiatrists, are entitled to a higher rate of conduct money.  For more information regarding amount of conduct money, see the Uniform Civil Procedure (Fees) Regulation 2019.

If you do not pay the required monies to a witness, and the witness does not attend, then your failure to pay the money will be considered a lawful excuse for the non-attendance by the witness.

Do I have to pay witnesses wages if they turn up for a hearing?

No. You will only be required to pay those amounts set out in the Uniform Civil Procedure (Fees) Regulation 2019.

What happens if a witness does not attend after they have been properly served the notice and paid the conduct money?

Then the witness may have committed an offence and may have proceedings brought against them which may result in a fine.

If I succeed in my matter can I have the other side pay my costs?

Generally, each party to a proceeding must bear their own costs.  However there are some situations where the Commission may order that the costs and expenses be paid by either party if the Commission considers it would be in the interests of justice to do so.

If I win my case, can the employer deduct tax or is the amount ordered to be paid, tax free?

This will depend on any order made by the Commission.  For more information about taxation matters contact the Australian Taxation Office.

What happens if I win or lose my case? Is that the end of the matter?

Either party may appeal a decision of the Commission. Appeals may be heard by the Industrial Court or a Full Bench of the Industrial Commission, depending on the type of matter being appealed. In some instances you may appeal to the Court of Appeal.

What does a party have to do to file an appeal?

If you disagree with a decision of the Commission in the matter you are a party to, you may appeal the decision to the Industrial Court of Queensland.

IMPORTANT: If you choose to appeal a decision, you must do so within the appeal period, being 21 days from the date the decision of the Commission was released.  If the appeal is filed after the 21 days has passed, an application will need to be made requesting an extension of time.

If you are unclear on the appeal process, including the time limit for lodging an appeal, please refer to the Appeals section of the website or contact the Industrial Registry.

Where can I find the contact details for a union?

A list of employee and employer industrial organisations may be found here - Industrial organisations and associated entities.

Where can I get some advice or further information?

The Industrial Registry is able to provide information regarding procedure and process, however the Industrial Registry is not able to provide advice.  You may, however, be able to obtain some advice and resources through the following services:

General Legal Advice

Basic Rights Queensland - a specialist community legal centre providing free advice, advocacy and legal services state-wide by telephone

Working Women Queensland - a part of Basic Rights Queensland, they provide information and advice for women in the workplace. May also provide representation

Community Legal Centres - local community legal centre that may provide legal advice and assistance

Legal Aid Queensland (LAQ) - provide legal advice over the phone and via their website to eligible people, such as financially disadvantaged, as well as Aboriginal and Torres Strait Islander Peoples and youth under 18 years of age

Caxton Legal Centre - assist people by providing free legal help to those who are disadvantaged or on a low income on work-related issues

Women's Legal Service Queensland (WLSQ) - community legal centre offering free assistance for women who need help with domestic and family violence, separation/divorce matters, child safety matters etc

Queensland Advocacy for Inclusion - accredited community legal centre, advocating for the protection and enhancement of the needs, rights and lives of people with a disability, including work-related issues

General Information

Office of Industrial Relations - Information Services Unit - provide information on long service leave entitlements, child employment laws, private employment agents, retail trading hours and public holidays as well as information on which award or agreement may be relevant 

Office of Industrial Relations – Workplace Health and Safety and Electrical Safety Office - information and work health and safety/electrical safety laws in Queensland

Australian Taxation Office - All tax related information – how much tax to pay, tax returns, tax file numbers, deductions for occupations, Medicare levy, superannuation etc

Queensland Courts - contact details for all courthouses throughout Queensland

Information for Public Sector Employees

Queensland Government - a valuable resource relating directly to public sector employment containing links to all Queensland Government directives, policies, circulars and guidelines.  Also contains links to information on payroll, leave, benefits, employee assistance programs etc

Public Sector Commission - Queensland public sector's central human resource agency.  Manages the public sector employment framework – directives, policies and guidelines etc, including the Code of Conduct

Information for Private Sector Employees and Employers

Fair Work Commission - national workplace relations tribunal and registered organisations regulator and sets minimum wages for Australia.  They help with issues in the workplace (unfair dismissal, disputes, bullying, harassment, discrimination, awards, agreements, etc)

Fair Work Ombudsman - information on pay and wages, leave, starting employment, employment conditions, workplace problems, ending employment.  They provide education, assistance, advice and guidance to employers, employees, outworkers etc

Anti-Discrimination and Human Rights

Queensland Human Rights Commission - dispute resolution service for discrimination, human rights, sexual harassment and vilification complaints.  They are an independent Commission, but are not an enforcement body and do not have the power to make rulings (that is the role of the QIRC).

Workers’ Compensation

Office of Industrial Relations – Workers' Compensation Regulatory (WCR) Services
-    workers' compensation regulator in Queensland
-    handle disputes regarding decisions made by WorkCover or self-insurers
-    take legal action when workers' compensation laws are broken
-    facilitate medical assessment tribunals
-    promote rehabilitation and return to work
-    any requests for extensions on filing an appeal need to go through WCR

Workers' Compensation Information and Advisory Service (linked to Queensland Council of Unions) – provides information to injured workers, unions and community organisations about workers' compensation

Workers Psychological Support Service – provides support to workers experiencing work related psychological injury to content with community services they may need

Queensland Chamber of Commerce and Industry - Workers' Compensation Hotline – may be able to provide advice to all Queensland employers regarding workers’ compensation

Superannuation

QLeave - provides long service leave services to workers in Queensland's building and construction, contract cleaning and community services industries

Australian Taxation Office - unclaimed or lost superannuation, employer's super obligations, self-managed super funds, compassionate release of super etc.

Support

If you, or someone else feels unsafe or is in immediate danger, please call the police on 000. If there is no immediate danger but you require police assistance, phone the 24/7 Police Assistance Line on 13 14 44. 

For crisis support, please call Lifeline on 13 11 14, or one of the following:

Beyond Blue Support Service - 24-hour counselling via phone or online - 1300 22 4636

1800RESPECT - National domestic family and sexual violence counselling service - 1800 737 732

DVConnect - helps Queenslanders find pathways to safety from domestic, family and sexual violence - 1800 811 811

Where can I find copies of legislation and decisions?

Free online versions of all of the legislation used in the Court and Commission can be found at: www.legislation.qld.gov.au.

The Australian Legal Information Institute ('AustLII') also provides a free resource for locating legislation.  It will allow you to search Acts by each section.  You can locate AustLII at: austlii.edu.au.

You can also contact the Supreme Court Library Queensland for assistance with locating legislative materials if you have difficulty.  The contact details for the Library can be found on its website: sclqld.org.au

The Supreme Court Library also publishes the decisions released by the Court and Commission.

Where can I find out more information with regards to my entitlements?

Copies of Queensland Awards and Local government and Queensland public service Agreements may be found on this website.

If you need to determine which Award or Agreement covers your employment, or if you need further interpretation of the Award or Agreement with regards to your entitlements, please contact Information Services (Office of Industrial Relations) on 07 3406 9999.

If you are a private employer (otherwise know as a national system employer), or a current or past employee of a private employer (a national system employee), then you should contact the Fair Work Commission of the Fair Work Ombudsman for more information.

What are your opening hours?

The Industrial Registry operates: Monday to Friday 8.30am – 4.45pm. Registry services are not available on public holidays or during compulsory (Christmas/New Year) closures.

Documents can be filed electronically at any time, however if sent after business hours they will be accepted as being filed the next business day.  Documents will not be filed on public holidays, closures, or outside of office hours.

If you are filing a document by email and what you are filing is over 30 pages, the Industrial Registry requires you to also provide a hard copy of the document (see Practice Direction 3 of 2021 - Electronic Filing and Hard Copies of documents).

Are there any hearings on today that I can sit in on?

Generally, any matter listed for hearing in a court room of the Court or Commission is open to the public. Matters shown as being a conference or being convened in a conference room are private with only parties being able to attend.  It is recommended that you check the Daily hearing list to ensure that any hearing which you wish to observe is proceeding.

Do I have to attend the hearing before the Commission?

Yes, if you are a party or are issued with an attendance notice, you must appear at the Court of Commission as directed. If you are unable to attend a proceeding, please advise the Industrial Registry as soon as possible providing reasons for your non-attendance.  You may also be asked to provide further information or evidence/proof with regards to the reasons as to why you are not able to attend.

Can I bring a friend/family member along to the conference?

You may bring a support person with you to a conference or hearing.  It will ultimately be up to the Member as to whether the support person will be permitted to participate.

Can I bring my witnesses to the conference?

Witnesses are not required at a conference.

What is the object of a conference?

The purpose of most conferences is to try to help the parties to better understand each-others position which may lead to resolution of the matter.  Conferences may also assist the parties to better understand the processes and procedures.

Conferences are generally private and informal.

What happens if a matter doesn't get resolved at a conference?

If the applicant/appellant/claimant wishes to proceed with the matter after a conference is held, the Commission may then hear and determine the matter at a formal hearing.

How do I correctly address a Member of the Court or Commission?

If you are addressing the President, Vice President, or a Deputy President then you should refer to them as "Your Honour".

If you are addressing an Industrial Commissioner you should refer to them as "Commissioner".

Can I record a matter before the Court of Commission?

You are not permitted to record proceedings, either audio or visual.  Parties to proceedings may request a copy of the transcript of proceedings if available.

Do I have to wear a suit?

You should show respect by dressing neatly, although you do not have to wear a suit to proceedings before the Commission.

Search and Copy

Should you wish to make a request to search a document in relation to a matter before the Court or Commission, please complete the Search and Copy request form and submit via email to qirc.registry@qirc.qld.gov.au. For more information, please refer to the Services tab on the website.

To search or inspect a filed document $5.30. To photocopy a filed document 53c for each page.

Right to information

Right to Information (RTI) is the Queensland Government's approach to giving the community greater access to information while providing appropriate protection for an individual's privacy.  The Right to Information Act 2009 provides a right of access to government information unless, on balance, it is contrary to the public interest to release the information.

For further information, please see the Right to information section on this website.

As mentioned in the search and copy section above, if you wish to search for information with regards to a matter before the Court or Commission, you should complete a Search and Copy request form.