Were you underpaid at work?
The Fair Work Ombudsman recovers wages for people who ask. Asking costs nothing and you do not need a lawyer.
$358 million
back-paid to more than 249,000 underpaid workers in 2024–25, the Fair Work Ombudsman's own figure
What this is
Underpayment is rarely theatrical. It is usually a payroll system applying the wrong classification, missing a penalty rate, or paying a flat rate that quietly falls below the award once overtime and weekends are counted. The Fair Work Ombudsman investigates for free, has recovered more than two billion dollars over five years, and most of what it recovers comes from large employers rather than small ones. You do not need a lawyer and you do not pay anything to ask.
Does it apply to you?
- Anyone paid a flat rate who works weekends, nights or public holidays
- Casual workers who may not be getting the casual loading
- Anyone whose classification on the payslip does not match the work they do
- Former employees: there is a six-year window
How to do it
- Find your award or agreement with the Fair Work Ombudsman's Find my award tool, and check the rate you should have been paid.
- Work out the gap using your payslips, roster and bank statements. Keep every document.
- Ask your employer in writing first, with the figures. Many underpayments are payroll errors and are fixed at this step.
- If that fails, lodge a free request for assistance with the Fair Work Ombudsman. There is a six-year limit on recovering underpayments.
Where people lose the money
Waiting until you leave to raise it.
The six-year limit runs from when the underpayment happened, not from when you left. Every month you wait, the oldest month drops off.
Accepting 'you are on a salary so penalty rates do not apply'.
A salary can absorb penalty rates only if it leaves you better off overall than the award would. That is an arithmetic test, not an opinion.
Chasing unpaid super through the Fair Work Ombudsman.
Unpaid super is the ATO's responsibility. Report it there instead, or the claim goes to the wrong regulator and stalls.
Questions
Does it cost anything to lodge a request for assistance?
No. The Fair Work Ombudsman is a free service for employees and employers. There is no fee to lodge and no cut taken from anything recovered.
Can my employer sack me for asking?
Taking adverse action against someone for exercising a workplace right is unlawful under the Fair Work Act. If it happens, that is a separate claim with short time limits, so act quickly.
How far back can I claim?
Generally six years from the date of the underpayment. Older amounts fall outside the limit, which is why raising it early matters.
What if the business has closed down?
Recovery is harder but not always impossible. The Fair Work Ombudsman can advise, and the Fair Entitlements Guarantee may cover certain entitlements when an employer becomes insolvent.
Should I talk to my employer first?
Usually yes, in writing and with your figures attached. Many underpayments are genuine payroll errors and get fixed at that step, which is faster for everyone.
Where these numbers come from
- Fair Work Ombudsman, “$358 million back-paid to Australian workers”, 29 October 2025 (Annual Report 2024–25) · read 2026-09-22
Last gone over 2026-09-22. Figures change; the link above is always the current one.