You opened your payslip and there it is — a deduction you never agreed to. Maybe it’s labelled “till shortfall”, “broken stock”, “training cost”, “uniform”, or just appears as a vague reduction with no description at all. Unauthorised deductions are one of the most clear-cut wage breaches in Australian law, and the money is almost always recoverable.
The legal context — section 324 of the Fair Work Act
Section 324 of the Fair Work Act 2009 sets the rules. An employer may only deduct an amount from an employee’s wages where the deduction is (a) authorised in writing by the employee and is principally for the employee’s benefit, (b) authorised by the employee in line with an enterprise agreement, (c) authorised by or under a modern award, Fair Work Commission order, or law, or (d) authorised by or under an order of a court. Anything else — including deductions for till shortfalls, breakages, customer walk-outs, or claimed property damage — is unlawful, even if your contract has a clause saying otherwise. Section 326 specifically voids any term of a contract that purports to allow a deduction that is not principally for the employee’s benefit.
Common employer defences and why they fail
- “You signed the contract.” A blanket deductions clause does not satisfy section 324 — the authorisation must be specific and principally for your benefit.
- “You agreed verbally.” Verbal agreement is not “in writing” and fails the test.
- “It was your fault the till was short.” Even if true, recouping the loss from your wages without proper authorisation is unlawful self-help.
- “It’s in the staff handbook.” Not enough. The authorisation must come from you, not from a unilateral company policy.
The Letter of Demand approach
The Letter of Demand identifies each deduction by date and amount, asserts the absence of valid section 324 authorisation, cites section 326 to neutralise any contract clause the employer might rely on, totals the amount, and sets a 14-day deadline. It also flags that unauthorised deductions are a civil remedy provision and can attract Fair Work Ombudsman penalties on top of the back-pay.
What Claim Done delivers (flat $79)
Answer the wizard about each deduction, the dates, the amounts, and any “authorisation” the employer is relying on. Claim Done generates a Letter of Demand citing sections 323, 324, and 326 of the Fair Work Act, with a calculation table, ready to send as a PDF.
What to expect — and the Fair Work escalation
Unauthorised deductions are difficult to defend, so most demands resolve within the 14-day deadline. If yours doesn’t, the Fair Work Ombudsman is the right escalation — it treats unauthorised deductions seriously and can issue compliance notices and pursue penalties. The small-claims division of the Federal Circuit and Family Court is available for larger amounts.