Wage Inspectorate Victoria

What types of complaints can you make?

You can complain to Wage Inspectorate Victoria if an employer or business has broken certain Victorian workplace laws.

Wage theft:

• Underpaid or unpaid wages and entitlements: when your employer deliberately underpays or refuses to pay wages, overtime, penalties, or other entitlements.
• Falsifying pay records: when your employer changes or fakes payslips, timesheets, or records to cover up underpayment.
• Deliberately not keeping pay records: when your employer refuses to give payslips or destroys records to hide underpayments.

Long service leave:

• Denied or incorrect long service leave: when your employer refuses to approve your leave, miscalculates it, or fails to pay it out after 7 years or more of service.

Child employment:

• Employing a child under 15 without a licence: businesses need a licence from the Inspectorate to employ children under 15, except in family businesses or school programs.
• Unsafe or illegal work conditions for children: when a child under 15 is made to work unsafe hours, unsafe jobs, or without required supervision.
• Not following Child Safe Standards: when organisations employing children don’t have proper child safety policies or practices in place.

Owner drivers and forestry contractors:

• Treated unfairly under contracts: when hirers fail to provide written contracts, don’t give proper notice before ending work, don’t supply the required information booklet, or punish you for raising your rights.

Complaints about the Inspectorate itself:

• Service or staff conduct: delays, mistakes, poor communication, or unprofessional behaviour by Inspectorate staff (not legal decisions, which have separate review processes).

Time limits:

• There is no strict deadline to complain.
• Delays may make it harder to investigate or prosecute because of lost evidence or legal timeframes.
• The Inspectorate may still take older complaints if there is serious harm or systemic breaches.

What the Inspectorate cannot investigate:

• General underpayments caused by error or mistake (Fair Work Ombudsman handles these).
• Workplace safety or injury issues (WorkSafe Victoria).
• Discrimination, harassment, or unfair dismissal (VEOHRC, AHRC, or Fair Work).
• Matters under modern awards or enterprise agreements (Fair Work).
• Superannuation complaints (ATO).
• Union disputes, industrial action, or bargaining matters.
• Employment status disputes (employee vs contractor), except forestry and owner-drivers.
• Employers outside Victoria or Commonwealth/federal agencies.
• Matters already being decided by another body (e.g. courts, Fair Work Commission).
• Business registration or licensing issues (ASIC, ABNs, etc.).
• Industrial manslaughter, trafficking, or criminal labour exploitation (police, WorkSafe, or other agencies).
• Requests for legal advice or representation.
• Interpersonal disputes between co-workers.

The Inspectorate may choose not to investigate if:

• There is not enough evidence.
• The matter has already been dealt with elsewhere.
• The complainant is not directly affected and it is not in the public interest.
• The complaint is trivial, vexatious, or outside its scope.

Other information:

• Internal complaints about the Inspectorate’s service or staff are reviewed under its Complaints and Feedback Policy.
• Anonymous complaints are accepted, but may limit what action can be taken.

Who can you make a complaint against?

You can complain about:

• Victorian employers: any business, sole trader, or organisation employing staff in Victoria that may have breached the Wage Theft Act 2020, Long Service Leave Act 2018, Child Employment Act 2023, or Owner Drivers and Forestry Contractors Act 2005.
• Individuals responsible for breaches: directors, business owners, managers, or supervisors who knowingly underpay wages, falsify or fail to keep pay records, employ children without a permit, breach child safety requirements, deny long service leave, or break owner driver/forestry contractor laws.
• Organisations engaging children in work: businesses or not-for-profits that employ children under 15 in areas such as advertising, entertainment, or modelling without a valid Child Employment Licence or in breach of the Code of Practice.
• Hirers of owner drivers or forestry contractors: Victorian businesses that engage contractors but fail to provide written contracts, terminate without notice or payment, withhold required information booklets or rate schedules, or retaliate when contractors assert their rights.
• Wage Inspectorate Victoria itself: you can complain about delays, poor communication, unprofessional behaviour by staff, unclear decisions, or unfair handling of your matter.

Who you cannot complain about:

• Employers outside Victoria: interstate or overseas employers (unless the breach happened in Victoria), federal government departments, or Commonwealth agencies.
• Employers breaching only federal industrial laws: businesses whose only breach involves National Employment Standards, modern awards, or enterprise agreements.
• Labour hire firms outside the Inspectorate’s scope: companies without Victorian connections, or where the issue relates only to workplace safety or exploitation (not child employment or wage theft).
• Workplace misconduct outside the law: supervisors, co-workers, or managers who bully, harass, or discriminate but do not breach laws under the Inspectorate’s jurisdiction.
• Superannuation breaches: employers failing to pay super but otherwise compliant (ATO handles super matters).
• Cases already in court or tribunal: if your dispute is already being decided in VCAT, the Magistrates’ Court, or the Fair Work Commission, the Inspectorate will not duplicate those proceedings.

Other information:

• Respondents don’t need to be registered with any authority, but they must have operated or committed the conduct in Victoria.
• Anonymous complaints are accepted, but lack of details may limit investigation.
• The Inspectorate does not mediate personal disputes between workers or between an employee and employer unless there is a clear legal breach under its laws.

Are you eligible to make a complaint?

Who can complain:

• Anyone can make a complaint to the Wage Inspectorate.
• You don’t have to live in Victoria, but the issue must have happened in Victoria or involve a Victorian employer or entity covered by Victorian law.
• You can be:
  • A current or former employee or contractor.
  • A parent or guardian (especially in child employment matters).
  • A bystander, advocate, community worker, or concerned member of the public.
• There are no age, residency, or citizenship restrictions.

Do you need to take steps first?

• You don’t need to raise the issue with your employer before complaining.
• The Inspectorate may look at whether you’ve tried to resolve the issue when deciding what action to take.
• If your complaint is about the Inspectorate itself, you are encouraged (but not required) to try informal resolution first.

Can you make a complaint on someone else’s behalf?

Yes, you can complain for another person.

• If you share sensitive details (like names or pay information), it’s recommended you have their written consent.
• Parents and guardians can complain on behalf of children without needing written consent.

Limits on eligibility:

• Complaints that are too vague, missing key facts, or provide no contact details (limits investigation).
• Complaints from people not directly affected where there is no public interest reason.
• Matters already before a court or tribunal, or already resolved elsewhere.
• Issues that happened too long ago to investigate properly (for example, records no longer exist or witnesses are unavailable).
• Repeated or vexatious complaints with no new information.

Other important information:

• Anonymous complaints are allowed, but may limit how much the Inspectorate can investigate or whether they can give you updates.
• Some complainants are protected from victimisation or retaliation under whistle-blower protections.
• The Inspectorate has discretion: they may decide not to act on complaints that fall outside their powers, have already been dealt with, or lack enough detail.

What can this body do to help?

Investigation and enforcement:

• The Inspectorate can investigate breaches of Victorian workplace laws, such as wage theft, unlawful child employment, denial of long service leave, or breaches of owner driver contract rules
• Outcomes can include: informal resolution, employers repaying wages or entitlements, warnings, or compliance directions to fix unlawful behaviour.

Prosecution:

• For serious, deliberate, or repeated breaches, the Inspectorate can prosecute in court.
• Outcomes can include: fines, criminal convictions, or court-ordered payment of entitlements or penalties.

Employer compliance measures:

• In less serious cases, or where the employer agrees to fix the issue, the Inspectorate may require corrective action without going to court.
• This could include: paying back wages, stopping unlawful child employment, complying with child safe standards, or improving workplace practices.

Referral to another body:

• If the complaint is outside the Inspectorate’s powers, it may refer you to another agency such as:
  • Fair Work Ombudsman
  • WorkSafe Victoria
  • Victorian Equal Opportunity and Human Rights Commission (VEOHRC)
  • Australian Taxation Office (ATO)

Internal complaints about the Inspectorate:

• If your complaint is about the Inspectorate itself (delays, poor communication, or staff behaviour), it will be reviewed internally.
• Outcomes may include: an apology, staff training, or process improvements.

What the Inspectorate cannot do:

• Provide financial compensation for stress, loss of opportunity, or emotional harm (only a court can award this).
• Issue binding orders like a tribunal or court (it can issue compliance directions or prosecute, but not enforce orders directly).
• Provide mediation or conciliation between employees and employers.
• Order reinstatement of employment after dismissal (Fair Work Commission handles unfair dismissal).
• Pay penalties to complainants (fines go to the State of Victoria, not individuals).
• Handle discrimination, bullying, or harassment complaints (these go to VEOHRC or AHRC).
• Review or appeal court decisions (you must use the legal appeal process).
• Resolve personal workplace disputes, bad management, or internal grievances unless they involve a clear breach of the laws it enforces.

Other important information:

• The Inspectorate focuses on compliance with Victorian laws, not resolving civil disputes.
• Anonymous complaints are accepted, but if you are not directly involved you may not receive updates on the outcome.

How to prepare your complaint:

Your details:

• Include your name, phone number, and email so the Inspectorate can follow up.
• Anonymous complaints are accepted, but they may limit investigation and you won’t get updates.

Who the complaint is about:

• Provide details of the business or person: name, address, and any contact details you know.

Facts to include:

• What happened.
• When and where it happened.
• Who was involved (including witnesses).
• What impact it had.
• Any steps you’ve already taken to resolve it.
• What outcome you are hoping for.

Supporting documents:

• Payslips
• Employment contracts
• Emails or text messages
• Photos or other evidence

What not to include:

• False, misleading, or exaggerated statements (this may be an offence).
• Irrelevant opinions or insults.
• Sensitive information about others unless directly relevant.

Other information:

• You don’t need legal advice or a lawyer to complain.
• Support is available for accessibility and language needs.
• Children under 15 can complain directly; parents or guardians can also complain on their behalf.
• If the issue happened long ago, explain briefly why it wasn’t reported earlier.

Lodging your complaint and next steps:

Where to lodge:

• Email: wageinspectorate@justice.vic.gov.au.
• Post: GPO Box 4356, Melbourne VIC 3001.
• Phone: 1800 287 287 (Monday–Friday, 9am–5pm AEST).
• In person: by appointment only.

Acknowledgement:

• If you provide contact details, you’ll usually get confirmation within a few business days.
• Anonymous complaints may not get acknowledgement or updates.

Assessment:

• The Inspectorate checks if your complaint is within its powers and has enough detail.
• If not, they may refer you to another agency (e.g. Fair Work, ATO, VEOHRC, WorkSafe).

Investigation:

• Serious or ongoing breaches may be investigated.
• This could include contacting the employer, reviewing records, or site visits.
• Not all complaints lead to investigation, and there is no set timeframe.

Enforcement:

• If a breach is found, the Inspectorate may order corrective action, issue a warning, or prosecute in court.

Limits:

• The Inspectorate does not provide mediation or conciliation between employers and employees.
• For negotiation or dispute resolution, contact the Fair Work Commission or a legal support service.

Updates:

• Outcomes are not always shared, especially for anonymous complaints or confidential prosecutions.
• If you provide contact details, general updates may be given.

More information:

Refer to the factsheet provided below for more information.