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Pay & Wages

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.

2 min read

Prepared with AI assistance and checked against primary sources. How we work

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.

Cited answers from the Fair Work Act, modern awards and Fair Work Commission decisions. 1 free question, 1 more with a free account.

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:

  1. Use our Underpayment Claim Builder to generate a formal demand letter with the figures.
  2. Set a 14-day response deadline.
  3. 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 $453 million for more than 181,000 workers in 2025-26 (FWO media release, 14 September 2026). 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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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

About the FairWork Mate Editorial Team

FairWork Mate is an independent Australian publisher of workplace-rights information. Our content is prepared with AI assistance and draws on primary sources — the Fair Work Act, modern awards, and Fair Work Commission and Fair Work Ombudsman material. It is general information, not legal advice.