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Wage Theft Calculator

WAGE THEFT — CRIMINAL OFFENCE FROM JANUARY 2025

Commonwealth wage theft is a criminal offence under Fair Work Act s 327A from 1 January 2025. Maximum 10 years imprisonment for individuals; civil penalties up to A$1.5M+ per serious contravention. State-level wage theft laws also apply in Victoria and Queensland.

What you should have been paid ($/wk)

What you were actually paid ($/wk)

Weeks underpaid

Up to 312 (6-year recovery limit)

Your state

Underpayment appears intentional or systematic (not accidental error)

Your recovery

Per week shortfall

$130

Total underpayment

$6,760

Plus interest (~10%)

$7,436

Plus you may be entitled to liquidated damages, super shortfall (separate ATO process), and your legal costs if litigated.

Criminal exposure for the employer

Commonwealth wage theft (Fair Work Act s 327A, in force 1 Jan 2025): Maximum 10 years imprisonment for individuals; civil penalties up to A$1.565M per serious contravention.
Victoria (criminal: max 10yr imprisonment / $1.65M individual) (state law in force since 1 July 2023). May apply in addition to federal charge.

Civil penalties (always available)

The Fair Work Ombudsman can pursue civil penalties on top of the back-pay:

Individual (e.g. director or HR manager involved): up to $98,100 per contravention (serious contravention).
Body corporate: up to $490,500 per contravention (serious contravention).

How to recover

Document everything: payslips, time records, your award + classification, period of underpayment.
Raise it in writing with payroll first — many genuine errors are corrected at this stage.
If not corrected: submit a Fair Work Ombudsman online tip-off (anonymous option available) or call 13 13 94.
Serious intentional underpayment + Vic/Qld → also report to state wage theft inspectorate.
For amounts <$20k, small claims wage recovery via Federal Circuit and Family Court. Larger amounts or complex matters: employment lawyer.