Based on $3/hr underpayment x 38 hrs/week x 52 weeks x 1 year, plus super and estimated interest.
Calculation Breakdown
Underpayment per hour
$3.00
Hours per week (full-time)
38
Weeks per year
52
Years underpaid
1
Total hours underpaid
1,976
Unpaid wages
$5,928.00
Unpaid super (12%)
$711.36
Estimated interest (~5% p.a.)
$148.20
Total owed (estimate)
$6,787.56
6-Year Limitation Period
Important: You can only claim back pay for the last 6 years from the date you lodge your claim. Any underpayment older than 6 years is statute-barred.
Your claim covers 1 year, which is within the 6-year limit. However, the sooner you act, the more you can recover.
How to Claim Back Pay — Step by Step
Gather evidence: Collect payslips, timesheets, bank statements, employment contracts, and any written communications about your pay. The more documentation you have, the stronger your claim.
Check your award/agreement: Use our Award Finder to identify the correct Modern Award and minimum rates for your classification.
Raise it with your employer: Many employers will rectify underpayments voluntarily once notified. Put your request in writing with specific amounts and dates.
Contact Fair Work Ombudsman: If your employer refuses or does not respond, lodge a complaint at fairwork.gov.au. Call 13 13 94 for free advice.
Small Claims Court: For claims under $20,000, you can apply to the Small Claims division of the Federal Circuit Court (no lawyer needed). For larger amounts, a lawyer is recommended.
Keep records going forward: Start documenting your hours and pay now. Use our Underpaid Check tool regularly.
Compare Back Pay Amounts
See how back pay varies by underpayment amount and duration (wages + super, excluding interest):
How much back pay am I owed if underpaid $3/hr for 1 year?
If you worked full-time (38 hours/week) and were underpaid by $3/hr for 1 year, you are owed approximately $5,928.00 in wages, plus $711.36 in unpaid super (12%), for a total of approximately $6,787.56 including estimated interest.
Does back pay include superannuation?
Yes. Your employer must pay 12% super on top of your ordinary time earnings. If you were underpaid wages, your super was also likely underpaid. In this case, the super shortfall is approximately $711.36.
How far back can I claim underpaid wages?
Under the Fair Work Act, you can claim back pay for up to 6 years from the date you file your claim. This is a strict limitation period — after 6 years, the claim is statute-barred. This is why it is important to act quickly if you believe you are being underpaid.
Can I claim interest on underpaid wages?
Courts can award interest on underpaid wages. The rate varies but is typically around 5% per annum simple interest. In this scenario, estimated interest would be approximately $148.20.
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.
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