Requesting reconsideration of a decision

We make decisions on a variety of matters concerning employers, workers and levy payers under the Building and Construction Industry (Portable Long Service Leave) Act 1991 and the Contract Cleaning Industry (Portable Long Service Leave) Act 2005.

In most cases, you'll receive written advice outlining the decision we've made and what you can do if you're not satisfied.

Building and construction industry

Your options

If you are not satisfied with a decision made by QLeave, you may have the decision reconsidered by proceeding with one of the following options:

  1. You may apply to QLeave to reconsider its decision about your matter. If you are still dissatisfied after receiving a reconsideration decision, you may file an appeal with an Industrial Magistrate; or
  2. You may file an appeal directly with an Industrial Magistrate. If you are still dissatisfied are receiving a decision from an Industrial Magistrate, you may file an appeal with the Industrial Court.

How to lodge a reconsideration application with QLeave

  • An application for reconsideration must be lodged within 45 days after the original decision was provided by QLeave.
  • If the decision was about QLeave's register of workers an application for reconsideration can be lodged at any time.

To request a reconsideration of a decision, please complete the QLeave Reconsideration form. You can type your information directly on the form and submit it to QLeave by clicking the 'submit’ button.

OR

Contact us to request a PDF form and return to us via:

Post – QLeave. PO Box 348, Archerfield BC QLD 4108
Fax – (07) 3212 6844
Email – members@qleave.qld.gov.au.

How to file a notice to appeal with an Industrial Magistrate / Industrial Court

A notice to appeal must be lodged within 28 days after the original decision was provided by QLeave. Should QLeave fail to make a decision within the timeframe required to make the decision, you may lodge the notice to appeal within 45 days after that deadline.

If you choose to appeal to an Industrial Magistrate, please complete a Notice of Appeal form and lodge this directly with the Industrial Magistrate.

For further information about filing a notice to appeal with the Industrial Magistrate, or appealing an Industrial Magistrate's decision with the Industrial Court, including appeal timeframes, please go to www.qirc.qld.gov.au

For more information on the options available to you, please open the Your Rights – reviews and appeals brochure.

Contract cleaning industry

Your options

If you are not satisfied with a decision made by QLeave, you may apply to QLeave to have the decision reconsidered. Types of decision that may be reconsidered include:

  • A decision about an application lodged with QLeave.
  • A decision about a levy payment.
  • An entry made by QLeave into a register of workers or a register of employers.
  • A direction or notice that is given by QLeave.

How to request reconsideration with QLeave

If you're dissatisfied with a QLeave decision you may apply to QLeave (through a 'QLeave Reconsideration' form) for an independent senior officer to conduct an internal review (reconsideration) to give further consideration to the matter within the following time frames:

  1. You must lodge an application for reconsideration within 6 months of receiving the original notice.
  2. An application for reconsideration of a decision about any other matter must be lodged within 45 days after the original decision is made or given.
  3. If the decision was about an entry in QLeave's register of workers an application for reconsideration can be lodged at any time.

If QLeave is satisfied special circumstances apply to your notice of reconsideration, it may decide the time for applying for reconsideration be changed to a later stated time.

Other parties involved in a reconsideration decision

If QLeave decides the employer or a worker of the involved person (person who lodged a reconsideration application) may have an interest in the matter, QLeave must give notice of the application and supporting documents to the employer or worker and invite submissions. Submissions on the application may be made to QLeave before a stated day at least 14 days after the application is made to QLeave.

If a person makes a submission on the application, the authority must provide a copy of the submission to the involved person and allow at least 7 days after the copy is given to the involved person to make a further submission to QLeave.

To request a reconsideration of a decision, please complete the QLeave Reconsideration form.

  • Click here to open the QLeave Reconsideration form.
  • Print the form, complete it and post it to:
    QLeave
    Contract Cleaning Industry
    PO Box 348
    Archerfield BC QLD 4108

Alternatively, you may scan your completed form and email it to cci@qleave.qld.gov.au or via fax (07) 3212 6844.

If you're dissatisfied with a QLeave internal review (reconsideration), there are two appeal alternatives available:

1. File a notice to appeal with an Industrial Magistrate

To file an appeal to the Industrial Magistrate you must submit a Notice of Appeal form with your nearest Magistrates Court.

The notice of appeal must state the following:

  • The decision appealed against.
  • The material facts relied on in support of the appeal.
  • The relief sought.

You must file an appeal with an Industrial Magistrate within 28 days from the day the reconsidered decision is given to you.

For further information about filing a notice to appeal with the Industrial Magistrate, please go to www.qirc.qld.gov.au.

2. File a notice to appeal with the Queensland Industrial Relations Commission

If you are dissatisfied after receiving a reconsideration decision about retrospective service credits, or the total amount of ordinary wages for the period of retrospective service credits, in accordance with section 69(2) or (5) of the Contract Cleaning Industry (Portable Long Service Leave) Act 2005, you may appeal to the Queensland Industrial Relations Commission.

If you or QLeave is dissatisfied with a decision made by an Industrial Magistrate or the Queensland Industrial Relations Commission, either party may appeal to the Industrial Court of Queensland under the rules of court governing the practice of the court. Please note, an appeal to an industrial court is limited to an error of law; or excess, or want, of jurisdiction.

You may seek an appeal to the Industrial Commission within 21 days from the day the reconsidered decision is given to you. The commission may extend the time for starting an appeal.

For further information about filing an appeal with the Industrial Court of Queensland, including an application form, please go to https://www.qirc.qld.gov.au/appeal-to-the-industrial-court

For more information on the options available to you, refer to QLeave's Your Rights - Reviews and Appeals brochure.