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I think I am being underpaid. What can I do?

17 quoted answers, each with its source

The short answer

The Fair Work Ombudsman states that its enforcement options include compliance notices, infringement notices, enforceable undertakings, litigation, and criminal offences. Some breaches of the Fair Work Act are criminal offences, and the Ombudsman can investigate suspected criminal underpayment offences and refer suitable matters to the Commonwealth Director of Public Prosecutions or the Australian Federal Police. Only a court can determine a penalty amount, and a serious contravention happens where the court finds the person or business knew they were contravening an obligation under workplace laws or was reckless as to whether the contravention would occur. An employer who does not meet record-keeping or pay slip obligations and cannot give a reasonable excuse will need to disprove allegations in wage claims made in a court, and an employee considering their own legal action for an amount of $100,000 or less can use the small claims court.

Every part of this comes from the quotes below. How we write these.

What the rules actually say17

Quoted straight from the Fair Work Ombudsman, the Fair Work Act 2009 or the applicable modern award.

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The Fair Work Ombudsman states that there may be penalties where the rules for deducting pay are not followed.

first-party
1 quote from 1 source
If the rules for deducting pay aren’t followed, there may be penalties.
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The Fair Work Ombudsman states that the Fair Work Ombudsman can take a matter to court where there has been a contravention of Australian workplace laws.

first-party
1 quote from 1 source
Litigation We can take a matter to court where there has been a contravention of Australian workplace laws.
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The Fair Work Ombudsman states that an employee considering their own legal action for an amount of $100,000 or less can use the small claims court.

first-party
1 quote from 1 source
If you’re thinking about taking your own legal action and your claim is for an amount of $100,000 or less, find out more at Small claims court .
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The Fair Work Ombudsman states that only a court can determine a penalty amount to be paid.

first-party
1 quote from 1 source
Civil penalty amounts Only a court can determine a penalty amount to be paid.
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The Fair Work Ombudsman states that a serious contravention happens where the court finds the person or business…

  • knew they were contravening an obligation under workplace laws.
  • was reckless as to whether the contravention would occur.
first-party
1 quote from 1 source
Serious contraventions A serious contravention happens when the court finds that: the person or business knew they were contravening an obligation under workplace laws, or the person or business was reckless as to whether the contravention would occur.
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The Fair Work Ombudsman states that an employer who does not meet record-keeping or pay slip obligations and cannot give a reasonable excuse will need to disprove allegations in wage claims made in a court.

first-party
1 quote from 1 source
When there are no records If an employer doesn't meet their record-keeping or pay slip obligations, and can't give a reasonable excuse, they will need to disprove allegations in wage claims made in a court.
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The Fair Work Ombudsman states that…

  • where the employer is a company it can take the company to court.
  • it can take a person to court if they were involved in the company's contravention.
first-party
1 quote from 1 source
If the employer is a company, we can take the company to court, but we can also take a person to court if they were involved in the company’s contravention.
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The Fair Work Ombudsman states that other steps an employee can take to fix a problem at work include taking action in the small claims court.

first-party
1 quote from 1 source
Other workplace relations help Other steps you can take to fix your problem at work include: asking for help from an employee or employer representative body (for example, a union or employer association) taking action in the small claims court getting your own legal advice.
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The Fair Work Ombudsman states that…

  • some breaches of the Fair Work Act are criminal offences.
  • its enforcement options include compliance notices.
  • its enforcement options include infringement notices.
  • its enforcement options include enforceable undertakings.
  • its enforcement options include litigation.
  • its enforcement options include criminal offences.
first-party
1 quote from 1 source
We have a range of enforcement options for these kinds of offences which include: Compliance notices Infringement notices Enforceable undertakings Litigation Criminal offences Some breaches of the Fair Work Act are criminal offences.
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The Fair Work Ombudsman states that it can use a range of processes and tools where it suspects criminal underpayment offences.

first-party
1 quote from 1 source
We can: investigate suspected criminal underpayment offences if we consider there is sufficient evidence, refer suitable matters to the Commonwealth Director of Public Prosecutions (CDPP) or the Australian Federal Police (AFP) for consideration and possible criminal prosecution.