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 civil penalties up to A$1.565M per serious contravention.
Last verified: 16 May 2026WAGE 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; civil penalties up to A$1.5M+ per serious contravention. State-level wage theft laws also apply in Victoria and Queensland.
Up to 312 (6-year recovery limit)
Per week shortfall
$130
Total underpayment
$6,760
Plus interest (~10%)
$7,436
Plus you may be entitled to liquidated damages, super shortfall (separate ATO process), and your legal costs if litigated.
The Fair Work Ombudsman can pursue civil penalties on top of the back-pay:
Australia has criminalised intentional wage theft from January 2025. Understand the new penalties (up to 10 years jail), how intentional underpayment is distinguished from honest mistakes, the Voluntary Small Business Wage Compliance Code, and what to do if you are being underpaid.
Wage Theft Is Now a Crime: What Workers Need to KnowWage theft became a federal criminal offence on 1 January 2025. Learn about the penalties (up to 10 years prison, $7.8M fines), what counts as wage theft, the small business exemption, how to report it, FWO vs police, and how to recover underpaid wages.
Wage Theft Is Now a Criminal Offence: 10 Years Prison for Employers (2025)From 1 January 2025, intentional underpayment is a criminal offence carrying up to 10 years imprisonment. Learn about the new wage theft laws, penalties, enforcement, and how to report your employer.
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