Underpayment of wages

Have you been under paid?

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.

Am I being underpaid?

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.

What are my options?

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.

How can Rubix Legal help?

Underpayment of wages - Let’s get started...

If you would like to explore your rights to pursue a claim there are several ways that we can help.
  • You can book in for a complimentary 20-minute conference call to see if it looks like you have a case.
  • You can book in for a 1-hour paid Legal Advice Consultation for a detailed and tailored discussion about your legal options and prospects.
  • If your matter is more complex, you can book in for a 2-hour paid Legal Advice and Strategy Session.
  • Already know you need ongoing assistance and representation? You can engage us to assist you with the preparation of your application, preparation for any conciliation conference or hearing or have us act on your behalf for the entire matter. You can find out more about our pricing here.

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.

Start here and book today.

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 $330 plus GST and is payable at the time of booking.

Start here and book today.

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 $650 plus GST and is payable at the time of booking.

Start here and book today.

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.