What is back pay?
Back pay is the recovery of wages or entitlements an employee was underpaid, usually subject to a six-year time limit.
Back pay is money owed to an employee for wages or entitlements they should have been paid but were not — for example because they were paid below the award rate, missed penalty rates or allowances, or had super underpaid. The employer is required to pay the shortfall.
Underpaid employees can recover back pay through the Fair Work Ombudsman or by court action. There is generally a six-year time limit on recovering underpayments under the Fair Work Act 2009, so it is best to raise a claim as soon as the underpayment is identified.
Key facts
- •Covers wages, penalty rates, allowances, leave, and super that were underpaid
- •Recoverable through the Fair Work Ombudsman or the courts
- •Generally a six-year time limit applies under the Fair Work Act 2009
- •Employers can face penalties on top of repaying the amounts owed
- •Keeping payslips and time records helps prove a back pay claim
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Ask FairWork Mate AIFrequently asked questions
How far back can I claim underpaid wages?
There is generally a six-year limit on recovering underpayments under the Fair Work Act. The clock usually runs from when each amount should have been paid, so act promptly.
What should I do if I think I've been underpaid?
Gather your payslips, contract, and time records, work out what you were owed against your award, and raise it with your employer. If it isn't resolved, contact the Fair Work Ombudsman on 13 13 94.
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.