Employees have to be paid at least the minimum national wage plus any other specific wage minimums and entitlements as set out in the applicable Modern Award, Enterprise Agreement, Fair Work Act 2009 and contract of employment. If you are unsure if you have been affected by underpayment of wages, and whether you are being paid correctly, we can assist you with your wage underpayment claims.
If your employment is covered by a Modern Award or Enterprise Agreement, there are very specific obligations that your employer must comply with. Underpayment of wages (a failure to pay the applicable minimum wage) or other entitlements (such as overtime, penalty rates and leave loading) can be a very serious breach of the Award and Fair Work Act.
Employers who breach an Award provision or clause of the Fair Work Act can be penalised up to $63,000.00 per breach for a corporation and up to $12,600.00 per breach for any individual knowingly involved in the contravention. These penalties are indexed every year.
There are also substantial penalties for employers who exploit vulnerable workers such as migrant workers.
If you believe you are experiencing wage underpayment it is important that you retain records of the underpayments, such as rosters, timesheets, diary entries and pay slips showing what you have been paid. This information will greatly assist any underpayments claims you pursue.
We can assist you with calculating the value of any wage underpayment including any possible penalties that your employer may be exposed to if not remedied.
Many wage underpayment claims and disputes can be resolved amicably out of court, through strategic negotiation with your employer.
If the dispute cannot be resolved, there are several options that may be available to you. These include, complaints lodged with the Fair Work Ombudsman, claims through the Federal Circuit or Federal Court of Australia and employment claims through local Magistrates Courts.
Contact us to assess whether you are eligible and which process is best suited to your wage underpayment claims.
Book a Consultation Now
If you’d like to have a quick chat to see if it looks like you have a case, then our complimentary 15-minute call option is the perfect place to start.
If you’re ready to proceed with finding your voice in the workplace, you can book in for a 1 hour paid consultation for a detailed and tailored discussion about your legal options and prospects.
The consultation is conducted via telephone or online conference call.
The cost is $450 plus GST and is payable at the time of booking.
If you’d prefer to meet face to face, perhaps because of the complexity of the matter and the need to piece out a more detailed case strategy, or you just prefer to meet in person, our 2-hour Legal Advice and Strategy Session is the best place to start.
We offer face to face meetings at either an office location, coffee shop or any other mutually convenient space on the Gold Coast.
The cost is $750 plus GST and is payable at the time of booking.
The information provided on this page is of a general nature only and is not to be relied upon as legal advice applicable to your specific circumstances. Specific legal advice is provided through our consultation sessions.
Rubix Legal are employment lawyers dedicated to assisting employees with workplace matters. Take control of your legal concerns today with reliable advice.
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