Question 1

How do I calculate back pay in Australia?

Accepted Answer

Back pay is calculated by finding the difference between what you should have been paid and what you actually received, then multiplying that shortfall by the number of weeks you were underpaid. For example, if you were underpaid by $200 per week for 26 weeks, you would be owed $5,200 in back pay.

Question 2

Does back pay include superannuation?

Accepted Answer

Yes. If you were underpaid wages, your employer also underpaid your superannuation contributions (currently 12% of ordinary time earnings). The employer must make up the super shortfall and may also be liable for the Superannuation Guarantee Charge (SGC), which includes interest and an administration component.

Question 3

How far back can I claim unpaid wages in Australia?

Accepted Answer

Under the Fair Work Act 2009, you can claim unpaid wages going back up to 6 years from the date you make a claim. This applies to underpayments of wages, overtime, penalty rates, allowances, and leave entitlements. The 6-year limitation period is set by state and territory limitation legislation.

Question 4

What should I do if my employer won't pay back pay?

Accepted Answer

If your employer refuses to pay back pay, you can: (1) contact the Fair Work Ombudsman (FWO) to lodge a complaint or request assistance, (2) apply for small claims in the Federal Circuit and Family Court for amounts under $100,000, or (3) seek legal advice for larger claims. The FWO can investigate and take enforcement action against employers who underpay workers.

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