Paid Less Than We Agreed? Here's Exactly What to Do (Australia 2026)
Step-by-step guide for what to do if your employer pays you less than the rate you agreed. Includes letter template, calculator links, and the FWO underpayment process.
AINeed an answer for your situation? Ask FairWork Mate AI →Payroll & Compliance Editor · Registered BAS Agent, Cert IV Accounting & Bookkeeping
First step: confirm the gap
Before raising it with your employer, calculate the exact amount you should have been paid. Use our Back-Pay Calculator with your hourly rate, hours worked, and shift times. Compare with what landed in your bank account on payday.
If the difference is more than $5 per hour or more than 5% of total pay, it's likely a real underpayment, not a rounding error.
Step 1: Email payroll with the math
Most underpayments are payroll errors and get fixed within 1-2 cycles when raised politely with numbers. Email template:
"Hi [payroll/manager name],
Looking at my payslip dated [date], I think there's an error. I worked [X] hours at [agreed rate] which should have been [$Y total], but I was paid [$Z]. Could you check this and let me know? Happy to send through my roster screenshots if helpful."
Keep it factual. Don't open with accusations — most underpayments aren't deliberate, and a calm note gets it fixed faster.
Step 2: If they say no or ignore you
If your employer doesn't respond within 7 days, or disputes the calculation, escalate in writing:
- Use our Underpayment Claim Builder to generate a formal demand letter with the figures.
- Set a 14-day response deadline.
- Mention you'll lodge with the Fair Work Ombudsman if unresolved.
This step alone resolves about 60% of cases without escalation.
Step 3: Lodge with the Fair Work Ombudsman
If your employer still won't pay, lodge a Request for Assistance with the FWO at fairwork.gov.au or call 13 13 94. The FWO will:
- Contact your employer on your behalf;
- Investigate the underpayment;
- Recover the amount owed (free of charge);
- Issue a compliance notice or take court action for repeat offenders.
The FWO recovered over $530 million in underpayments in 2023-24. They will not charge you fees and they keep your details confidential.
How far back can you claim?
Six years from the underpayment date under the Fair Work Act 2009. So if you were underpaid from 2020 onwards, the underpaid wages can still be recovered.
If your employer has gone into liquidation, you may still recover unpaid wages through the Fair Entitlements Guarantee.
What counts as underpayment vs a deduction
Some pay differences are lawful deductions (tax, super, salary sacrifice). The agreed rate must equal at least:
- The applicable award rate (or higher if your contract says so);
- Plus casual loading (25%) if you're casual;
- Plus weekend or evening penalty rates for those hours;
- Plus any allowances for tools, vehicle, or special conditions.
If your "agreed rate" is below the award, the award rate applies, not your contract. The award is the legal floor.
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Official resources
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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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Six years running payroll for a Western Sydney commercial builder before moving to compliance writing and contract payroll. Registered BAS Agent (TPB). Cert IV in Accounting and Bookkeeping. Writes about pay calculations, superannuation, and the 2026 Payday Super rollout. Based in Cabramatta, Sydney.
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Fair Work and Federal Court decisions that hit on what you just read.
Mr Anthony Italia v Border Inn Bacchas Marsh Pty Ltd
Ms Karen Wilson v CorePlus Brighton Pty Ltd & Ms Renee Henderson
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United Workers' Union (108V) v Electrolux Home Products Pty Ltd
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