General information only — not legal advice. First speak with your employer, then if unsuccessful contact Fair Work or an employment lawyer.
REVIEW MYPAY

I've Been Underpaid at a Restaurant for Years — What Can I Do?

Last updated: March 2026 · MA000119

You can recover up to 6 years of underpayments through the Fair Work Ombudsman — for free. It doesn't matter whether you're still employed there or have moved on. Under the Restaurant Industry Award, every dollar below the correct rate is owed to you.

Underpaid for years? The recovery period is 6 years — and the process is free.

Steps to recover your pay

  1. Calculate what you're owed — use the pay checker tool below to compare your actual pay against the award rates for your hours and shift types
  2. Gather your evidence — payslips, timesheets, bank statements, roster records, employment contracts
  3. Raise it with your employer — put it in writing (email or text) with the specific shortfall amount and the dates it covers
  4. If unresolved, contact the FWO — call 13 13 94 or lodge a complaint at fairwork.gov.au

Your legal protection

You are legally protected from adverse action for exercising your workplace rights. This means your employer cannot fire you, cut your hours, demote you, or otherwise retaliate against you for raising a pay concern or making a complaint. If they do, that's a separate and serious contravention of the Fair Work Act with significant penalties.

What to check

  • Base hourly rate vs award minimum for your classification level
  • Penalty rates for weekends, public holidays, and late nights
  • Overtime for hours beyond 38/week or 7.6/day
  • Allowances (tool allowance, meal allowance, etc.)
  • Superannuation contributions

Frequently asked questions

Is the Fair Work Ombudsman recovery process free?

Yes. The Fair Work Ombudsman does not charge employees for assistance with underpayment claims. Their service is entirely free — you don't need to hire a lawyer to recover your pay.

What evidence do I need to make a claim?

Payslips, bank statements showing employer payments, timesheets, roster records, employment contracts, and any written communication about your pay. Even if you don't have all of these, the FWO can still investigate — employers are required to keep records, and failure to do so works against them.

What if the business has already closed down?

The Fair Work Ombudsman can still pursue the claim. Company directors may be personally liable for underpayments in certain circumstances. A closed business does not extinguish the debt owed to you.

Start by calculating exactly what you should have been paid.

Not sure if your Restaurant Industry Award pay is right?

Enter your shifts and find out in 2 minutes. Free, instant, based on official Fair Work rates.

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General information only. Verify at fairwork.gov.au.