What to do if your employer is not paying you correctly in Australia

How do you check what you should be paid?

Before raising any concern, work out what you should actually be earning:

1. Identify the modern award or enterprise agreement covering your role
2. Find the rate for your specific classification and work pattern
3. Add any applicable penalty rates (weekends, public holidays, evenings)
4. Add casual loading (25%) if you are a casual employee
5. Compare against what your payslips show

If you do not know which award covers you or how to calculate the correct rate, get in touch with our team. We do this calculation for working holiday makers regularly.

How should you raise underpayment with your employer?

In many cases, underpayment is a mistake rather than deliberate. Start by raising it directly:

• Approach your employer or manager calmly with your records
• Point out the specific discrepancy (date, hours, what was paid vs what should have been paid)
• Reference the relevant award and rate
• Keep the conversation factual

Many employers will correct a genuine error once it is pointed out. If they refuse or become hostile, that is a signal the underpayment may be deliberate, and you should escalate.

What if your employer refuses to fix it?

If raising it internally does not work:

1. Get in touch with our team and we will assess the situation
2. We help you organise the records and calculations needed for a formal complaint
3. We can guide you to the right reporting channel (Fair Work Ombudsman investigation, small claims, etc.)
4. We follow up with you through the recovery process

The Fair Work Ombudsman has broad powers, including ordering back-payment, requiring written commitments from employers, and prosecuting serious cases. Our role is to help you build a strong claim before lodgment.

What records do you need to keep?

The stronger your records, the easier the recovery:

• Every payslip you received
• Your roster or shift records
• Employment contract or letter of offer
• Any communications with your employer about pay (texts, emails)
• A diary of hours actually worked (even rough notes help)
• Bank statements showing what was deposited

If you have no payslips, write down what you remember as accurately as you can. The Fair Work Ombudsman accepts good-faith records when the employer has failed to provide payslips.

Is your visa at risk if you report your employer?

No. There are specific protections in place for temporary visa holders:

• The Workplace Justice Visa provision allows you to remain in Australia to pursue a complaint
• Your visa status cannot be used against you for making a legitimate complaint
• The Fair Work Ombudsman has explicit safeguards for migrant workers
• Reporting workplace breaches does not affect future visa applications

We have helped working holiday makers raise complaints without any visa consequences. The protections exist specifically because reporting is in the public interest.