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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; fines up to the greater of 3x the underpayment or A$1.82M (A$9.1M for companies) from 1 July 2026. State-level wage theft laws also apply in Victoria and Queensland.
Up to 312 (6-year recovery limit)
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; fines up to the greater of 3x the underpayment or A$1.82M for individuals, A$9.1M for companies (from 1 July 2026).
- Victoria (criminal: max 10yr imprisonment; fines to 1,200 penalty units individual / 6,000 company) (state law in force since 1 July 2021). 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 $218,400 per contravention (serious contravention).
- Body corporate: up to $5,460,000 per contravention (serious contravention).
Figures use the A$364 Commonwealth penalty unit (from 1 July 2026). Body-corporate maxima shown are for companies with 15+ employees; smaller companies face A$109,200 standard / A$1,092,000 serious. For underpayment contraventions, courts can instead impose up to 3x the underpayment if that is greater.
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.