Wage Theft Calculator
Calculate your back-pay + interest under the 6-year limit, plus the employer's exposure to criminal charges (Fair Work Act s 327A in force 1 Jan 2025) and fines up to the greater of 3x the underpayment or A$1.82M (A$9.1M for companies) from 1 July 2026.
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% p.a.)
$7,098
Interest is an estimate: a court can order interest on unpaid wages (Fair Work Act s 547), and each week's shortfall is counted from the week it was underpaid, so the total is outstanding for about half the period on average. Unpaid super is recovered separately (ATO process). In a small claim, legal costs are generally not recoverable beyond filing fees.
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 claims up to $100,000 (excluding interest), use the Fair Work Act small claims procedure (s 548) in the Federal Circuit and Family Court or your state or territory local / magistrates court. It covers the last 6 years (s 544). Larger amounts or complex matters: employment lawyer.
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Send your details to Liquid Employment Lawyers
Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
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