What is wage theft?
Wage theft happens when your employer doesn’t pay you the minimum monetary amount, or allowances and entitlements that are outlined in the agreement or award that you work under, and that includes compulsory superannuation.
It can happen by mistake, but in many instances, wage theft is a deliberate action taken by your boss to steal money that you are rightly and lawfully entitled to.
Industrial Relations Claims has extensive experience recovering unpaid wages and entitlements for our clients.
The national minimum wage
From July 1 2020, the minimum wage is $19.84 an hour, or $753.80 for a 38-hour week.
Casual employees get at least a 25 per cent loading on top of that.
If you are being paid less than this, you are likely being ripped off, and need to seek expert assistance to recover what you are owed.
However, because of the COVID-19 pandemic, the increase will be implemented in different awards over time.
Group one awards will receive the increase from July 1 20202.
- social assistant workers
- teachers and child
- and other essential services
Group two awards will receive the increase from 1 November 2020.
- legal services
Group three awards will receive the increase from 1 February 2021.
- fast food
Click here to find out when your award will increase.
Different forms of wage theft
There are many different ways employers steal wages and entitlements from their employees.
- paying less than the minimum hourly rate
- failure to pay penalty rates, overtime and allowances
- taking inappropriate deductions from wages
- refusing to allow leave
- demanding wages be paid back in “cash-back” schemes
- paying employees in cash “off the books”
- unpaid work experience or internships
How do I know which award applies to my job?
Different jobs in different industries have different minimum pay rates and allowances and entitlements.
The specific wages and entitlements that you are eligible for can depend on your age, the state you live in, the industry you work in, your qualifications and your duties and responsibilities.
To check which award applies to your job, visit the Fair Work Ombudsman website and use the Find Your Award Pay Calculator.
Unpaid superannuation can cost workers big time.
Not only do you not receive the money from the regular contribution, but you also miss out on the interest that money would have made by being in your super account.
This can make an enormous difference to the balance of your superannuation account by the time that you retire.
Your boss has to pay super contributions if you are:
- 18 years old or over and are paid at least $450 before tax in salary or wages in a calendar month;
- under 18 years old, work more than 30 hours per week and are paid at least $450 in salary or wages before tax in a calendar month.
It doesn’t matter if you work part time, full time or casual.
You may also be eligible for super if you are a contractor working and being paid primarily for labour.
If you are covered by a modern award, we can help you recover unpaid super by taking immediate legal action on your behalf.
In addition, we can also help you recover any interest or gains on your super that you have missed out on.
How we can help
Industrial Relations Claims are experts at investigating, calculating, and recovering unpaid wages, and can assist you through every step of the process.
We will request your pay records from your employer, and then our analysts will calculate the difference between what you were paid, and what you should have been paid.
Our intimate understanding of modern awards, including overtime, penalty rates, loadings, allowances and entitlements ensures that we will uncover every last cent that you are owed.
We will then negotiate with your employer to recover your unpaid wages.
If necessary, we will escalate the matter by taking formal legal action in the Federal Court or Federal Circuit Court.
WATCH: WHAT IS WAGE THEFT IN AUSTRALIA
Wage Theft Check
A fast and cost effective way to find out if you are owed unpaid wages is with a WAGE THEFT CHECK.
For a small fee, we will access your pay records, and crunch the numbers to calculate exactly how much money you are owed.
We will then provide you with a detailed report of any underpayments we uncover, and advise you how to go about recovering your money.
At that point, you will also have the option of engaging our services to commence recovery action on your behalf.
WATCH: WAGE THEFT CHECK