I'm not being paid minimum wage
Step-by-step guide to confirming you're underpaid, how to raise it with your employer, and lodging a Fair Work complaint.
Step 1: Confirm you're underpaid
Before anything else, work out exactly what you should be getting paid. Find your modern award using the Fair Work Ombudsman's award finder. Identify your classification level (this depends on your role, experience, and qualifications). Check the current pay rates for your classification — they change every July. Compare your actual hourly rate (from your payslip) against the award minimum. If you're casual, make sure 25% loading is included. If you work weekends or nights, check penalty rates too.
Step 2: Calculate what you're owed
Go through your payslips and compare what you were paid each week against what you should have been paid at the correct award rate. Include: the base rate shortfall for every hour worked, any missing penalty rates for weekends, public holidays, and overtime, any missing casual loading, and any super that should have been paid on the higher amount. Keep a spreadsheet — you'll need this for any complaint.
Step 3: Raise it with your employer
Many underpayments are genuine mistakes, especially in small businesses. Write to your employer (email is best) explaining that you believe you've been underpaid, which award covers you, what the correct rate is, and how much you think you're owed. Give them a reasonable time to respond — 1-2 weeks. Many employers will fix it once they realise. Keep a copy of everything.
Step 4: Contact the Fair Work Ombudsman
If your employer doesn't fix it or disagrees, contact the Fair Work Ombudsman. You can: call 13 13 94 (free, Monday-Friday), use the online complaint form at fairwork.gov.au, or visit a local office. The FWO will review your complaint and may investigate. They have the power to compel employers to pay. Most investigations start with mediation — a voluntary process where the FWO helps you and your employer reach an agreement.
Step 5: What the FWO can do
The Fair Work Ombudsman can: issue a compliance notice requiring your employer to pay, take your employer to court for wage theft (penalties up to $93,900 for individuals, $469,500 for companies per contravention), and recover up to 6 years of underpayments on your behalf. In serious cases, they can prosecute for criminal wage theft — some states have made deliberate underpayment a criminal offence with jail time.
Other options
If the FWO can't help or you want to move faster, you can: make a small claim in the Federal Circuit Court (for amounts under $100,000), contact a community legal centre for free legal advice, join your union — they regularly recover underpayments for members, or engage an employment lawyer (some work on no-win, no-fee for underpayment claims). Don't delay — while you can recover 6 years of underpayments, the sooner you act, the easier it is to gather evidence.
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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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