Employer Didn’t Pay Your Wages? How to Recover Unpaid Pay in Australia

Your employer owes you money. Maybe it is unpaid wages. Maybe they shorted your overtime, did not pay your annual leave, or never contributed to your super. Maybe they let you go and never paid your final entitlements.

This is wage theft — and it is illegal in Australia. Here is how to get paid.

What counts as unpaid wages

• Base wages — hours worked but not paid, or paid below the award rate
• Overtime — extra hours worked but not compensated at the correct penalty rate
• Annual leave / sick leave — accrued entitlements not paid on termination
• Long service leave — owed after 7–10 years depending on your state
• Superannuation — employer failed to pay the mandatory 12% super guarantee
• Notice period — terminated without being paid your notice period
• Redundancy pay — entitled but not paid

Step 1: Check your pay against the award

Use the Fair Work Ombudsman’s Pay Calculator (fairwork.gov.au) to check your minimum entitlements under your award or enterprise agreement. Calculate exactly how much you are owed.

Step 2: Send a formal demand

Write to your employer demanding payment of the exact amount owed within 14 days. Cite the Fair Work Act 2009, the relevant award, and the specific entitlements they failed to pay.

A formal demand letter puts your position on record. Underpaying wages can attract civil penalties for each contravention under the Fair Work Act.

Step 3: Lodge a complaint with Fair Work

If the demand letter does not work, lodge a complaint with the Fair Work Ombudsman. They can investigate, issue compliance notices, and take enforcement action against your employer.

For super specifically, lodge a report with the ATO. They have the power to compel employers to pay outstanding super plus the Super Guarantee Charge (which includes interest and penalties).

Step 4: Small claims court

For amounts up to $100,000, you can file a small claims application in the Federal Circuit and Family Court under the Fair Work Act. No lawyer needed. A filing fee applies; check the current fee on the Court’s website before you file.

Get your demand letter drafted

Claim Done drafts a formal Unpaid Wages Demand for $49. Tell us who your employer is, what they owe you, and the details — we draft a demand letter citing the Fair Work Act, your award, and the specific penalties they face. Sent directly to your employer.

If you were unfairly dismissed, we also prepare Unfair Dismissal Applications for the Fair Work Commission — $49 flat fee. The 21-day deadline applies, so do not wait.