Wage Theft in Australia: How to Complain to Fair Work ?
Being underpaid isn't something you have to accept to keep your job. Check the numbers, keep your records and use the free help that's available. Most employers want to fix honest mistakes, and for those that don't, there are real consequences. If this guide helped, share it with a friend who works casually, and read our other Melbourne student guides on minimum wage, scams, jobs and visa work hours.
Melbourne Sphere editors · Editorial team
Updated 8 min read
In this article
You check your payslip and the numbers look wrong. Maybe weekend shifts are paid at the same rate as weekdays. Maybe the "casual rate" doesn't include casual loading. Maybe you were just told, "We pay everyone this amount, take it or leave it." You feel uneasy, but you also don't want to lose the job.
If that sounds familiar, you're not alone, and you have more power than you might think. Since 1 January 2025, deliberately underpaying workers has been a criminal offence in Australia, and the Fair Work Ombudsman (FWO) offers free help to anyone working in the country, including international students.
Here's what wage theft is, how to build your case and exactly how to complain.
This is general information, not legal advice. Check the Fair Work Ombudsman's website for current processes, or speak to a union or community legal centre.
What is wage theft?
"Wage theft" is a broad term for employers not paying workers what they're owed. That can include:
Paying less than the minimum wage or award rate.
Not paying penalty rates for nights, weekends or public holidays.
Not paying casual loading.
Unpaid overtime or unpaid trial shifts.
Not paying super.
Unpaid wages or leave when you finish a job.
Illegal deductions from your pay, or asking you to pay money back.
Making you work "off the clock."
Not every underpayment is deliberate. Many are honest mistakes, such as using the wrong award. Those still have to be fixed and repaid. But since 1 January 2025, intentional underpayment is also a criminal offence under the Fair Work Act, with serious penalties for employers. Our guide to the minimum wage in Australia explains how to work out what you should be paid.
Step 1: Check you're really underpaid
Find your award. Use the Fair Work Ombudsman's Find My Award tool, using your industry and job.
Use the Pay and Conditions Tool. It calculates your base rate, casual loading, penalty rates and allowances based on your award, age and employment type.
Compare it to your payslips and bank statements. Check your hourly rate, hours, penalty rates and super.
Write down the difference. Even a rough figure helps.
If you're unsure whether you've been underpaid, you can call the Fair Work Infoline on 13 13 94 to ask. It's free.
Step 2: Gather your evidence
The stronger your records, the easier it is to fix the problem. Collect:
Payslips (or notes about not receiving any).
Bank statements showing payments.
Rosters, timesheets and messages about your hours.
Your contract or offer letter, or screenshots of the job ad.
Your own record of hours, with dates, start and finish times and breaks.
Names and contact details of your employer, manager and co-workers.
Photos of notices, uniforms or anything else relevant.
If you didn't get payslips, keep a diary from now on. If you're paid in cash, our guide to fake job and cash-in-hand scams explains why records matter.
Step 3: Consider raising it with your employer
Many underpayments are mistakes, and a polite, written message often fixes them. It also creates a record that you tried to resolve it.
A simple example you can adapt:
Hi [Name], I've been checking my pay against the [Award name] using the Fair Work Pay and Conditions Tool, and I think I may have been underpaid for [weekend shifts / casual loading / etc.] between [dates]. I've attached my payslips and a summary of my hours. Could you please review this and let me know how and when it will be corrected? Thanks, [Your name]
Keep a copy, and note the date you sent it.
If you don't feel safe doing this, you don't have to. It's illegal for an employer to take adverse action against you, such as firing you, cutting your hours or treating you worse, because you made a complaint or asked about your pay. You can contact the Fair Work Ombudsman directly without telling your employer first.
Step 4: Complain to the Fair Work Ombudsman
The Fair Work Ombudsman is Australia's workplace regulator, and its help is free. You can:
Call the Fair Work Infoline on 13 13 94.
Lodge a request for assistance or complaint online through the Fair Work website.
Use the free interpreter service. If you need an interpreter, you can ask for one when you call. The Translating and Interpreting Service (131 450) is free for this purpose.
What you'll be asked for: your details, your employer's details, your job and award (if you know it), the dates and the amounts you think you're owed. Upload your evidence if the form lets you.
What happens next: the FWO assesses your request and may contact your employer, help the two of you resolve it, or investigate. The details vary by case. In serious cases, the FWO can take enforcement action, including through the courts. In cases of deliberate underpayment, it can refer matters for criminal prosecution.
Be patient but persistent. Keep your phone and email active, and respond if the FWO contacts you.
Anonymous reports: what they do (and don't do)
If you're worried about retaliation, the FWO has an anonymous report option on its website. You don't have to give your name, and the FWO says it won't tell your employer what you reported. It's also available in several languages.
But there's an important catch: the FWO won't contact you after an anonymous report. That means they can use the information to help find problems in a workplace, but they can't recover your personal back-pay on your behalf, because they don't know who you are. If you want your money back, you'll need to make a named complaint.
Feature | Named complaint | Anonymous report |
|---|---|---|
Can the FWO help you recover your pay? | Yes | No |
Does your employer know who complained? | The FWO can protect your details in many cases, but your employer may guess | No |
Does the FWO contact you? | Yes | No |
Good for | Getting your money back | Flagging a problem when you can't give your name |
The FWO has reported a record number of anonymous reports in a recent year, so many people use this option to flag problems.
What about other options?
Your union. If there's a union in your industry, it can help and may represent you.
Community legal centres and student legal services. Many universities and community centres offer free advice.
Fair Work small claims. If the FWO process doesn't resolve the matter, you can apply to a court for a small claims order for underpayments up to $100,000, according to current legal guides. Check the exact limit and process with the FWO or a legal service.
The Fair Work Commission. This is a different body, which deals with unfair dismissal and other disputes. Unfair dismissal claims have a short deadline, typically 21 days from the date you were dismissed, so don't wait if you've been sacked after raising a problem.
The ATO. Missing super can also be reported to the Australian Taxation Office.
SafeWork or discrimination bodies. For safety or discrimination issues, other agencies may be more suitable.
How far back can you claim?
You can generally recover unpaid wages for up to six years from when the underpayment happened. But don't wait. Evidence disappears, employers close down and memories fade. The sooner you act, the easier it is.
Know your rights as a student or visa holder
Visa status doesn't remove your workplace rights. The Fair Work Ombudsman says everyone working in Australia has the same rights to minimum pay and conditions.
Your visa limit is separate. If you worked more hours than your visa allows, that's a visa matter, but it doesn't cancel your right to be paid for the work you did. Ask for advice if you're worried. See our guide to student visa work hours.
You're protected from retaliation. It's unlawful for an employer to threaten you with a visa report because you asked about pay.
Get free help. Your university's international student team, a community legal centre or the FWO can explain your options.
Common mistakes
Waiting too long. You have up to six years, but earlier is easier.
Not keeping records. Photos and notes help.
Assuming a verbal promise is enough. Get things in writing.
Signing something you don't understand. Don't sign a document saying you've been paid correctly if you haven't.
Using anonymous reports when you want your money back. They can't recover your pay.
Believing your visa stops you from complaining. It doesn't.
Paying for "help" you don't need. The FWO is free.
Quick answers
Is wage theft illegal in Australia?
Yes. Intentional underpayment became a criminal offence on 1 January 2025, alongside the existing civil rules.
How do I complain to Fair Work?
Call 13 13 94 or lodge a request for assistance online .
Is it free?
Yes.
Can I report anonymously?
Yes, but the FWO won't contact you, so it can't recover your personal back-pay.
How far back can I claim?
Generally up to six years.
Can my employer punish me for complaining?
No. Adverse action because you made a complaint or exercised a workplace right is unlawful.
Do international students have the same rights?
Yes. Visa status doesn't reduce workplace rights.
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