Work and superannuation complaints

Work

Every kind of job is covered by laws about what is and is not allowed in the workplace. There are laws that cover the hours of work, the number of holidays, overtime, working conditions and shift allowances.

The Fair Work Ombudsman investigates workplace complaints and enforces compliance with Australia's workplace laws. You can make a complaint to the Fair Work Ombudsman online, by post or in person. See their website for details (link below).

The Fair Work Australia is an independent, national tribunal that deals with a range of work issues including:

• the safety net of minimum wages, awards and employment conditions
• enterprise bargaining
• industrial action
• dispute resolution
• termination of employment
• other workplace matters.

In general, the Fair Work Australia tries to resolve disputes between employers and employees by agreement rather than a formal, binding decision. See their website for details (link below).

Superannuation

By law, employers must pay a percentage of your pay into a superannuation fund unless you are:

• under 18 years of age and work less than 30 hours a week
• over 70 years of age
• earning less than $450 gross (before tax is taken out) a month
• doing domestic work for less than 30 hours a week
• paid according to the Community Development Employment Program.

If you think your employer should be making payments to a superannuation fund on your behalf, you can contact the Australian Taxation Office (ATO) (link below) superannuation hotline on 131 020. The ATO has the power to investigate your complaint.

The Superannuation Complaints Tribunal (SCT) (link below) is an independent tribunal set up by the Commonwealth Government. All complaints about superannuation must first be made to the superannuation fund itself. If the complaint has not been resolved to your satisfaction after 90 days you can make a complaint to the SCT.

There are some types of complaints the SCT can't deal with – call them to check before lodging a complaint.

See ‘Work’ (link below) for information about your legal rights and responsibilities as a worker.

More information

Discrimination

Work

Fair Work Australia

Australian Taxation Office

Superannuation Complaints Tribunal

Fair Work Ombudsman 

How we can help

Victoria Legal Aid doesn’t give legal advice about workers’ compensation or superannuation complaints, but our free Legal Information Service may be able to give you some information over the phone. We may also be able to refer you to another organisation that can help you. You can speak to a legal information officer in English or ask for an interpreter.

Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.

Who else can help?

Job Watch provides legal assistance to Victorian workers. Job Watch can give you free, confidential telephone information and referrals about work rights. See the Job Watch website (link below) for more information or call them on (03) 9662 1933 or 1800 331 617 (country callers).

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.

Trade unions can help their members with many employment issues, including pay conditions, unfair dismissals and apprenticeship and traineeship disputes, under state and Commonwealth awards. They can also help members with workers’ compensation disputes under state and Commonwealth awards. See the Australian Council of Trade Unions website.