Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 928

928 Non-payment of wages

(1) An employer must pay the wages payable to an employee under this Act, a relevant industrial instrument or permit—

(a) to the employee; or

(b) in accordance with the employee’s written direction.

Penalty—

Maximum penalty—200 penalty units.

(2) An offence against subsection (1) may consist of—

(a) a single failure to pay wages due on a particular day; or

(b) a failure to pay wages due over a period of time.

(3) The offence starts on the day of the failure and continues until the wages are paid.

(4) A complaint or a series of complaints may be made for any period over which the offence continues.

(5) However, a complaint may only relate to offences that started within 6 years before the complaint is made.

(6) A magistrate may hear and decide a complaint for an offence under this section, and in addition to any penalty the magistrate may impose—

(a) if the magistrate finds the defendant guilty—must order the defendant to pay the employee the amount the magistrate finds to be payable to the employee; or

(b) if the magistrate does not find the defendant guilty—may order the defendant to pay the employee the amount the magistrate finds, on the balance of probabilities, to be payable to the employee.

(7) A magistrate may make the order—

(a) despite an express or implied provision of an agreement to the contrary; and

(b) on the terms the magistrate considers appropriate.

(8) In this section—

"wages" includes remuneration payable to an apprentice or trainee under section 371 (2) .