Australia Rights Guide

Employer Has Not Paid My Wages in Australia: Your Rights

Underpayment is wage theft in Australia. The Fair Work Ombudsman can investigate and recover your unpaid wages for free. Call 13 13 94 or lodge online.

FreeAustralian Law3 related guides

Direct Answer

Under the Fair Work Act 2009, every Australian employee must be paid at least the applicable minimum wage on time. If your employer has underpaid or not paid you, lodge a complaint with the Fair Work Ombudsman (FWO) — free. The FWO can investigate, recover your money, and fine employers. Serious underpayment is criminal wage theft in most states.

What the Law Says

Your Legal Foundation

Fair Work Act 2009 (Cth)

Section 323

“An employer must pay an employee the full amount of wages and entitlements in the period agreed. An employer must not make unauthorised deductions from wages.”

Fair Work Act 2009 (Cth)

Section 44

“An employer must not contravene the National Employment Standards, which include minimum pay requirements.”

Criminal Code Act 1995 (Cth)

Section 792G

“A person commits an offence if, as an employer, they dishonestly engage in conduct that results in an employee not being paid their full entitlement.”

What to Do

Step-by-Step Guide

1Calculate what you are owed. Use the Fair Work Ombudsman's Pay Calculator at calculate.fairwork.gov.au to check if your pay matches your award or enterprise agreement. Include superannuation (employers must pay 11.5% of ordinary earnings).
2Raise it with your employer in writing first — state the shortfall, the pay period, and request payment within 7 days. Many underpayments are resolved at this stage.
3Lodge a complaint with the FWO at fairwork.gov.au/contact-us or call 13 13 94. Inspectors can investigate, recover owed wages, and issue infringement notices. Free.
4If your employer refuses to cooperate, the FWO can take legal action on your behalf. For large underpayments, courts can award double the amount owed as a penalty.
5Superannuation not paid? Report to the ATO (ato.gov.au) — employers who fail to pay super face a Superannuation Guarantee Charge plus penalties.

What to Say

Exact Words to Use

“"I have identified an underpayment of $[amount] for the period [dates]. Under the Fair Work Act 2009, I am entitled to my full wages as set by my [award/enterprise agreement/contract]. Please rectify this payment within 7 days or I will lodge a complaint with the Fair Work Ombudsman."”

Tone: Written — email to employer, keep a copy

Common Questions

Frequently Asked Questions

I am paid a salary — can I still be underpaid?

Yes. If your salary does not cover the full value of your hours when compared to your Modern Award minimum rate, including overtime and penalty rates, you may be underpaid. Many "annualised salary" arrangements fail to meet Award requirements. Check with the FWO.

My employer says I am an independent contractor — does this affect my rights?

It depends. Many workers labelled "contractors" are actually employees under the Fair Work Act. If you work regular hours, use the company's tools, and cannot subcontract, you may be an employee regardless of what the contract says. The FWO can assess your situation for free.

How far back can I claim unpaid wages?

Generally 6 years for civil underpayment claims under the Fair Work Act. The FWO can investigate further back for serious cases. Keep your payslips and bank records.

My employer went bankrupt — can I still recover my wages?

Yes. The Fair Entitlements Guarantee (FEG) is a government scheme that covers unpaid wages, leave, and redundancy pay (up to limits) if your employer becomes insolvent. Apply at dewr.gov.au/feg.

Get Help Now

Resources & Helplines

Fair Work Ombudsman (FWO)
fairwork.gov.au / 13 13 94
Lodge underpayment complaints. Free. Anonymous reports accepted.
ATO (Superannuation)
ato.gov.au / 13 28 61
Report unpaid superannuation contributions.
Fair Entitlements Guarantee (FEG)
dewr.gov.au/feg
Claim unpaid entitlements if your employer became insolvent.
Your Union
australianunions.org.au
Union members get free representation and wage recovery assistance.

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