Skip to main content
FairWorkMate

Paid Less Than We Agreed? Here's Exactly What to Do (Australia 2026)

|2 min read

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 →
DN

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:

  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 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.

Got a follow-up about this?

I'm reading "Paid Less Than We Agreed? Here's Exactly What to Do (Australia 2026)" on FairWork Mate. Explain how this applies in plain terms and what I should do next.

Ask FairWork Mate AI →

Have a workplace question?

Got a specific situation this article didn't cover? Ask our AI advisor.

Ask FairWork Mate AI

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.

DN
About Daniel Nguyen

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.

Real-world cases on this topic

Fair Work and Federal Court decisions that hit on what you just read.

All decisions →

Recommended partners

Free tools surface the issue. Our partners help you solve it.

Authorised Employment Hero Partner

Employment Hero

Australian HR, payroll, rostering and award interpretation in one platform. Used by 300,000+ businesses. Fixes the underlying payroll/compliance issues our calculators surface.

Best for: SMEs that have outgrown spreadsheet payroll or want automated award interpretation.

See Employment Hero

Law Tram — lawyer matching

Law Tram

Matched with the right Australian lawyer for your situation — unfair dismissal, underpayment, workplace injury, debt, tenancy and more. Many lawyers offer a free first consult and no-win-no-fee arrangements.

Best for: anyone whose workplace or personal legal issue needs proper advice, not just a calculator.

Find a lawyer

IT, Microsoft & cyber partner

Frontrow Tech

Microsoft 365, Copilot rollouts, Essential Eight, Privacy Act 2026 and board-level cyber compliance for Australian SMBs. Where pay and HR end, your data and IT obligations begin.

Best for: SMBs running on Microsoft 365, anyone hitting cyber/privacy compliance, boards wanting an outside read on IT risk.

See Frontrow

Affiliate partners — commissions fund the free tools on this site. We only recommend partners we've vetted as a good fit for Australian workplaces.