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 as to whether you are being paid correctly, we can assist you.
If your employment is covered by a Modern Award or Enterprise Agreement, there are very specific obligations that your employer must comply with. 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 being underpaid 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 claim you pursue.
We can assist you with calculating the value of any underpayment including any possible penalties that your employer may be exposed to if not remedied.
Many underpayment 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 claim.
If you’d like to have a quick chat to see if it looks like you have a case, then our complimentary 20-minute call option is the perfect place to start.
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.