Employment Lawyers › Underpayment & Wage Theft
Underpayment & Wage Theft Lawyers — Get What You're Owed.
If you have been paid below your award rate, denied overtime, not paid super, or had your leave entitlements undercalculated — you may have a claim for back pay worth thousands of dollars. Wage theft is now a criminal offence in several states, and Fair Work can recover up to 6 years of underpayments. Get connected with an employment lawyer to find out exactly what you are owed.
⚠ Underpayment claims have a 6-year limitation period — but employer records may not be kept that long. The earlier you act, the stronger the evidence available to support your claim. Get advice now.
What We Help With
Underpayment and wage theft — every form of shortfall covered.
Wage theft is rarely a single incident — most cases involve systematic underpayment across months or years. A lawyer calculates the full shortfall and pursues recovery through Fair Work, the courts, or the ATO.
Award Rate Underpayment
Paid below the applicable Modern Award minimum rate, or classified in a lower award classification than the work you actually perform. Thousands of employees across hospitality, retail, construction, and healthcare are underpaid under their award.
Overtime & Penalty Rate Shortfalls
Not paid overtime rates for hours worked beyond ordinary hours, or denied weekend, public holiday, and shift penalty rates under your Modern Award or Enterprise Agreement.
Superannuation Underpayment
Employers are required to pay the Superannuation Guarantee (currently 11.5%) on ordinary time earnings. Super underpayment is a separate civil and tax matter — reportable to the ATO and recoverable through court action.
Leave Entitlement Shortfalls
Annual leave, personal/carer's leave, long service leave, and public holiday pay — all calculated incorrectly or not paid out on termination. Undercalculation is particularly common for casuals and shift workers.
Sham Contracting & Misclassification
Treated as an independent contractor when your work relationship is actually employment — denied award rates, entitlements, and super. Courts look at the substance of the relationship, not the label on the contract.
Wage Theft Criminal Complaints
Queensland and Victoria have criminalised intentional wage theft. A lawyer advises on whether a criminal complaint is appropriate alongside a civil recovery — and how the criminal process interacts with Fair Work and ATO recovery.
What the Law Says
Wage recovery — how it works and what you can claim back.
Underpayment is governed by the Fair Work Act, Modern Awards, Enterprise Agreements, and the National Employment Standards. Recovery is available through Fair Work, small claims courts, the Federal Court, and — for super — the ATO.
Fair Work Ombudsman — investigation and recovery
The Fair Work Ombudsman (FWO) investigates underpayment complaints and can recover wages on behalf of employees through court proceedings. The FWO focuses particularly on systemic underpayment by larger employers — major enforcement actions regularly result in back-pay orders and penalties exceeding millions of dollars. Making a complaint to the FWO is free, but the FWO is selective in which complaints it pursues. A lawyer advises on whether independent court action is faster and more certain for your specific claim.
Small claims — self-service for smaller amounts
The Fair Work Act provides a small claims procedure in the Federal Circuit and Family Court for claims under $100,000. The small claims process is designed to be accessible without legal representation — but navigating the calculation of entitlements under a Modern Award is complex, and a lawyer who correctly quantifies the claim before lodging will significantly improve the outcome. Many unrepresented claimants undersell their claim by failing to include penalty rates, loadings, and super.
6-year limitation and back-pay calculation
Underpayment claims under the Fair Work Act have a 6-year limitation period. Every week of underpayment accumulates — a $50/week shortfall on a minimum award rate becomes $15,600 over 6 years, before adding super and interest. A lawyer calculates the full shortfall using payroll records (obtained by subpoena if necessary), the correct Modern Award rates for each period, and applicable loadings — producing a precise claim schedule that can be filed with the court or used in negotiations.
Superannuation — a separate stream of recovery
Super underpayment is recovered through the ATO's superannuation guarantee compliance process — not through Fair Work. Employees can report unpaid or underpaid super to the ATO, which then assesses the employer and issues a Super Guarantee Charge (SGC) notice for the shortfall plus interest and penalties. For employees nearing retirement or with substantial super shortfalls, the ATO recovery process can be more significant than the wage claim itself. A lawyer coordinates both streams of recovery.
Civil penalties — not just back pay
In addition to back-pay, employers who underpay can face civil penalty orders of up to $93,900 per contravention (for a company) and $18,780 per contravention (for an individual, such as a director who knowingly involved themselves in the underpayment). In cases of serious or systematic underpayment, penalty applications by the Fair Work Ombudsman have resulted in total orders far exceeding the back-pay amount. Employers have strong incentive to settle — a lawyer uses this leverage in negotiations.
Wage theft criminalisation — what it means practically
Queensland and Victoria have introduced criminal wage theft offences for intentional underpayment by employers. The Commonwealth Closing Loopholes Act (2024) introduced a federal criminal wage theft offence from January 2025. Criminal complaints are made to police and require proof of intent. A lawyer advises on whether the circumstances of the underpayment are likely to meet the criminal threshold and whether making a criminal complaint alongside a civil recovery claim is strategic or risks complicating the civil matter.
How It Works
One request. Find out what you're owed.
Tell us your industry, your employment type, and what you think is wrong. An employment lawyer will calculate your entitlements and advise on the best recovery pathway.
Submit Your RequestDescribe the underpayment
Tell us your industry, your role, your employment type (full-time, part-time, casual), how long the underpayment has been occurring, and your state.
Matched to an employment lawyer
Your request is matched to a lawyer experienced in wage recovery — Fair Work small claims, Ombudsman complaints, and Federal Court underpayment proceedings.
Free consultation arranged
An employment lawyer contacts you for a free consultation — advising on what you are owed, how to gather evidence, and the fastest pathway to recovery.
Common Questions
Underpayment — frequently asked questions.
How do I know if I've been underpaid?
Check your pay against the applicable Modern Award or Enterprise Agreement rate for your classification, including penalty rates and loadings for your actual hours. The Fair Work website has a Pay and Conditions Tool (PACT) that calculates entitlements. If the numbers don't match your payslip — across ordinary time, overtime, weekends, or public holidays — you may be underpaid. A lawyer performs a proper calculation using your actual records and the correct award rates for each relevant period.
Can I claim underpayment after leaving the employer?
Yes — the 6-year limitation period applies whether you are currently employed or have left. Former employees regularly recover back pay for periods of employment that ended years earlier. Preserving payslips, timesheets, rosters, and bank records from your employment is the most important step you can take — these records support the claim calculation and may not be available from the employer years later.
My employer says I was paid an "all-inclusive" rate — is that legal?
Not always. An "annualised salary" or "all-inclusive" rate can only offset award entitlements if it is structured correctly and the employee is genuinely better off overall (the BOOT test — Better Off Overall Test). Many all-inclusive arrangements fail this test — particularly where employees regularly work overtime, weekends, or shifts that attract significant penalty rates. A lawyer checks whether your all-inclusive rate actually covered your full entitlements across your actual working hours.