Wage theft in Australia: what working holiday makers can do if they are underpaid

What counts as wage theft?

Wage theft includes many specific practices:

• Below minimum wage: paid less than the minimum casual rate ($31.19/hour for 2025-26)
• Missing penalty rates: weekend, public holiday, or overtime work paid at base rate
• Unpaid super: 12% super not being paid (or paid at lower rate)
• Excessive deductions: accommodation/transport charges that bring effective pay below minimum
• Unpaid trial shifts: working for free as a "trial" beyond the legally allowed unpaid time
• Misclassification: treating you as a contractor (under ABN) to avoid super and entitlements
• Withheld wages: pay not released for "completion" of placement
• Off-the-books work: cash payments with no payslip and no super

Some employers do these things deliberately; others through error. The result for you is the same: you are not receiving what you are legally owed.

How do you recognise wage theft?

The simplest checks:

1. Divide your pay by your hours: if below the minimum casual rate, you are underpaid
2. Check your super fund: if no contributions appear after a quarter of work, super is not being paid
3. Review penalty rates: weekend and public holiday hours should pay 1.25x to 2.25x
4. Compare deductions: accommodation should be reasonable and disclosed in writing

For most working holiday makers in standard roles:

• 2025-26 minimum casual: $31.19/hour
• Sunday penalty (hospitality): around $54/hour
• Public holiday rate: around $70/hour
• Super: 12% of gross wages on top

If your numbers fall significantly below these, investigate further.

What practical steps can you take?

When you suspect wage theft:

1. Document everything: payslips, rosters, communication with employer
2. Calculate the shortfall: compare what was paid against what was owed
3. Raise it with your employer first: calmly, with evidence
4. If unresolved, escalate: through formal channels
5. Keep working (if safe): continued employment makes claims stronger
6. Get in touch with our team for help building the claim

Underpayment can sometimes be resolved by employers correcting genuine errors. Where it cannot be resolved internally, formal complaint channels exist.

What about unpaid super specifically?

Unpaid super is a specific category we handle frequently:

• 12% should appear in your fund within a quarter of being earned
• Quarterly deadlines: 28 Oct, 28 Jan, 28 Apr, 28 Jul
• If contributions never appear, your employer is in breach
• Recovery is through the Superannuation Guarantee Charge (SGC) process

We have helped working holiday makers recover thousands in unpaid super. The SGC system protects workers even when employers fail to pay. See our article on the Superannuation Guarantee Charge for more.

Will it affect your visa?

No. Reporting an employer for underpayment will not affect your working holiday visa:

• The Workplace Justice Visa provision protects temporary visa holders
• Your visa status cannot be used against you for legitimate complaints
• Immigration status is protected when raising workplace concerns in good faith
• Reporting does not affect future visa applications

The Australian government specifically created these protections to encourage underpaid workers to come forward. Many working holiday makers have raised complaints without any visa consequences.

What records should you keep?

The strength of any wage theft claim depends on records:

• Every payslip received (save digital copies)
• Your roster showing scheduled hours
• Your own diary of actual hours worked
• Any employment contract or letter of offer
• Communications about pay or schedule (texts, emails)
• Super fund statements showing what was contributed
• Bank statements showing what was deposited

The more complete the records, the easier the recovery. Without records, the dispute becomes your word against the employer's. Photograph or scan everything as you receive it.

How does our team help?

Our process for wage theft cases:

1. We review your records and calculate the shortfall
2. We identify the right channel for recovery (Fair Work, ATO for super, small claims)
3. We help prepare the formal complaint
4. We monitor the process and follow up
5. We make sure any tax implications of recovered amounts are handled correctly

If you have concerns about underpayment, get in touch. Even if you have already left Australia, recovery is still possible.