How do I know if my employer is ripping me off?

Compare your actual hourly rate against the national minimum wage ($25.50/hr for adults in 2025-26) or your applicable Modern Award rate. If you earn less than the minimum, your employer is underpaying you. Casual employees must also receive a 25% casual loading on top of the base rate. Check your payslip for the hourly rate and hours worked.

Is it illegal for my boss to pay me below minimum wage in Australia?

Yes. Paying below the minimum wage is illegal under the Fair Work Act 2009. Since 1 January 2025, intentional underpayment is a criminal offence carrying penalties of up to 10 years imprisonment for individuals and $7.825 million for companies. You can report underpayment to the Fair Work Ombudsman on 13 13 94.

What should I do if I'm being ripped off at work?

Step 1: Keep copies of all payslips, rosters, and your employment contract. Step 2: Check your actual hourly rate against the legal minimum for your award and classification. Step 3: Raise the issue with your employer in writing (email is best for evidence). Step 4: If they don't fix it, contact the Fair Work Ombudsman (13 13 94) who can investigate and recover unpaid wages going back up to 6 years.

Can I get fired for complaining about my pay?

No. It is illegal for your employer to fire, demote or disadvantage you for raising a workplace complaint about your pay or conditions. This is called a 'general protections' claim under the Fair Work Act. If your employer retaliates, you can lodge a complaint with the Fair Work Commission within 21 days.

How far back can I claim underpayment in Australia?

You can claim up to 6 years of back pay under the Fair Work Act. For example, if you've been underpaid by $2/hour for 6 years working 38 hours per week, that's $23,712 in back pay plus interest and potential super shortfall.

What are penalty rates and am I entitled to them?

Penalty rates are higher pay rates for working outside normal hours — such as weekends, public holidays, evenings, and overtime. Most employees covered by a Modern Award are entitled to penalty rates. For example, under the Hospitality Award, Sunday work is paid at 150% and public holidays at 225% of the base rate.

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Last verified: 1 July 2025

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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.

Am I Being Ripped Off at Work?

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