DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- If you have not been paid, or paid too little, you are usually entitled to the money.
- Start by checking your payslips and your award, then ask your employer in writing.
- The Fair Work Ombudsman can help, and you can usually claim up to $100,000 in a small claim.
- There is usually a 6 year limit from when each underpayment happened.
What this usually means
Unpaid wages can mean no pay at all, late pay, or being paid less than the law says. That includes missing penalty rates, overtime, leave, super, or a rate below your award. This is often called an underpayment.
Most Queensland workers are in the national system. The Fair Work Act 2009 sets minimum pay and conditions, and awards or agreements add detail. State government and council employees are in the Queensland system, and their claims can go to the Queensland Industrial Relations Commission (QIRC).
When your job ends, your employer must also pay your final pay, including unused annual leave. Many awards require this within 7 days of your last day.
A mistake is common and often fixable with one clear message. Many cases do not go further than that. This is general information, not advice on your case.
What you can do now
- Gather your records. Find your payslips, contract, roster, timesheets, bank statements and any messages about pay. If you do not have them, ask your employer for payslips. They are usually required to give them.
- Check what you should have been paid. The Fair Work Ombudsman has pay calculators and an award finder. Write down the dates and amounts you think are missing.
- Ask your employer in writing. Be calm and specific: what you think is owed, for which dates, and a date you would like it paid by. Keep a copy.
- Contact the Fair Work Ombudsman if that does not work. Call 13 13 94 or use its website. The Ombudsman can help many people resolve pay problems.
- Think about a small claim. If it is still not paid, you can start a small claim yourself. See below.
- Do not resign before you get advice. If you leave, you can usually still claim, but your situation may change.
If your employer has stopped trading, the process can be harder, but you still have options. Ask the Fair Work Ombudsman what help may be available. Do this soon, since records can be lost when a business closes.
It is also worth knowing that being paid late counts. A pay day that keeps slipping is a pay problem, even if the money eventually arrives. Keep a simple list of the dates you were paid and the dates you should have been.
If you are a casual, a part-time worker or on a short contract, the same rules apply. Many underpayments happen because a job is classed as casual or set at a flat rate when the award requires more. A pay calculator or a union can check this quickly, and it costs nothing to ask. Employers also sometimes make deductions from pay. Some deductions are lawful and some are not, so ask what the deduction is for and keep the payslip showing it.
Time limits
For claims under the Fair Work Act, you must apply within 6 years of the date of the contravention (the date the payment was missed). Each underpayment has its own date. The older ones can be lost while you wait.
Queensland system claims for unpaid wages have the same 6 year limit, from when the amount became payable.
If you were also sacked, the 21 day limit for unfair dismissal and general protections applies separately. See the guide on being sacked.
If it goes further
A small claim is a simpler court process for money claims. In the national system, you can use it for underpayments up to $100,000. It can be started in the Federal Circuit and Family Court of Australia or a Queensland magistrates court. A registrar often hears it first, and many matters finish after one hearing. Both sides usually speak for themselves. A lawyer needs the court's permission. You can sometimes also claim interest and your filing fee.
For employees of the Queensland Government or a council, the QIRC takes unpaid wages applications, with a different form. Check the QIRC page for the right one.
Questions to ask whoever helps you
- Which award or agreement covers my job, and what pay should I have received?
- How much might I be owed, and for which dates?
- Should I make a complaint first, or go straight to a small claim?
- Which court or tribunal is the right one for my job?
- Could standing up for my pay affect my current job, and what protections do I have?
Good questions
How far back can I claim?
Usually 6 years from the date each amount was due. Older amounts are usually lost, so do not wait.
Can I be sacked for asking about my pay?
Asking about your pay is a workplace right, and your employer cannot lawfully take action against you for using it. If you are worried, ask for advice first.
What if my employer says they cannot afford it?
That does not usually cancel what you are owed. If the business closes, other options may exist. Ask the Fair Work Ombudsman or a legal service.
What if my employer did not pay my super?
Unpaid superannuation can be part of a claim. The Australian Taxation Office also deals with unpaid super. Ask a service listed here.
Words you might hear
- Underpayment
- Being paid less than you are legally owed, for example no penalty rates or a rate below the award.
- Award
- A legal document setting minimum pay and conditions for an industry or job.
- Small claim
- A simpler court process for money claims, usually without lawyers.
Where this comes from
- About the small claims court, Fair Work Ombudsman
- Final pay, Fair Work Ombudsman
- Wage recovery and long service leave, Queensland Industrial Relations Commission
- Protections at work, Fair Work Ombudsman