Underpayment of wages is unfortunately common in Australia, particularly in industries that employ large numbers of working holiday makers such as hospitality, agriculture, and cleaning. If you believe you are being paid less than you are entitled to, there are clear steps you can take to address it.
Start by checking what you should be paid
Before raising a concern, make sure you know what you should be earning. Identify the modern award or enterprise agreement that covers your work, find the rate for your specific classification and working pattern, and calculate what you should have received based on your hours and shifts. The Fair Work Ombudsman website has a pay calculator that makes this straightforward.
Raise it with your employer first
In many cases, underpayment is a mistake rather than deliberate. Raise the issue with your employer or manager calmly and with your records ready. Point out the discrepancy between what you received and what the award says you should have received. Many employers will correct a genuine error once it is pointed out.
Contact the Fair Work Ombudsman
If raising it internally does not resolve the issue, contact the Fair Work Ombudsman. You can lodge a complaint online through their website. The FWO will investigate the complaint and work to recover any underpaid amounts. They have broad powers including the ability to require back payment and to impose penalties on employers who have underpaid workers.
Keep records throughout
The more records you have, the stronger your position. Keep copies of your payslips, your rosters, any employment contract or letter of offer, and any communications with your employer about pay. If you do not have payslips, write down your hours, dates, and rates from memory as accurately as you can. These records are what the FWO will rely on in any investigation.
Your visa is protected
If you are concerned that making a complaint might affect your visa, the Fair Work Ombudsman has a Workplace Justice Visa provision that protects temporary visa holders pursuing a workplace rights matter from being required to leave Australia during that process.
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