How to Report Underpayment
Step-by-step guide to reporting underpayment in Australia: how to raise it with your employer, lodge a Fair Work Ombudsman complaint, and explore legal options.
Last updated: March 2026
If you've found out you've been underpaid, acting on it can feel overwhelming — especially if you're worried about your job. But you have strong legal protections, a clear process to follow, and a government agency whose entire job is recovering money on your behalf. This guide walks through every step.
If you've identified a pay shortfall and want to know what to do — start here.
Real example
Scenario: Kitchen hand discovers after 2 years they were never paid Sunday rates.
Underpayment estimated: ~$4,800 across 2 years
Process: Raised with employer → employer disputed → FWO complaint lodged → full recovery
How long: ~4 months from complaint to resolution
Key evidence: Rosters showing shift days + payslips showing flat rate
Step 1: Document everything first
Before raising anything with your employer, gather what you can:
- Payslips — as many as possible, as far back as possible
- Roster records — anything showing days and hours worked
- Bank statements — show payment dates and amounts if payslips are missing
- Employment contract or letter of engagement
- Any written communications about pay, hours, or classification
You don't need everything to make a complaint — but more evidence means a stronger case.
Step 2: Raise it with your employer
This is usually the right first step. Many underpayments aren't intentional. A direct, professional conversation often resolves it quickly.
How to approach it:
- State the issue factually: “I've checked the award and I believe my Sunday rate has been applied incorrectly.”
- Refer to the award and pay guide by name and clause
- Give them a week to respond — and follow up in writing
If they acknowledge the error and fix it, you're done. If they dispute, deny, or become hostile — move to Step 3.
Step 3: Lodge a complaint with the Fair Work Ombudsman
The Fair Work Ombudsman (FWO) is the government body responsible for investigating workplace underpayment. Their service is free.
How to lodge:
- Online: fairwork.gov.au/contact-us
- Phone: 13 13 94 (Monday to Friday, 8am–5:30pm)
What to include:
- Your name and employer details
- The award you believe applies
- The nature and dates of the underpayment
- Any evidence gathered
What the FWO can do:
- Investigate your employer's records
- Issue compliance notices
- Recover unpaid wages and interest going back 6 years
- Refer serious cases for prosecution
If you've identified a shortfall but haven't calculated the exact amount, do that first. A specific number makes your complaint much stronger.
Not sure if you’re being paid correctly?
Enter your shifts and find out in 2 minutes. Free, instant, based on official Fair Work rates.
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Step 4: Know your protections
You cannot be legally dismissed, demoted, or disadvantaged for making a Fair Work complaint. This is called the “general protections” provision. If your employer takes adverse action because you raised a pay complaint, that is a separate and serious legal breach — and you can make a further complaint about it.
⚠️ Common mistakes when reporting
Waiting too long
Every week you wait is a week harder to reconstruct. Start documenting now.
Not raising it with the employer first
The FWO will generally ask. It's not required, but it strengthens your complaint and is often the fastest path to resolution.
Accepting partial payment without written confirmation
If your employer offers back pay, get the amount and scope confirmed in writing before accepting.
Frequently asked questions
Will my employer know I made a complaint?
If the FWO investigates, yes — your employer will be contacted. Your legal protections against retaliation are strong.
What if I'm on a visa?
Your visa status doesn't affect your right to minimum wages or to make a complaint. The FWO has a visa holder support service.
Can I get a lawyer involved?
Yes. Many employment lawyers offer free initial consultations. The FWO is free and often the most efficient path, but legal representation is an option.
Find your award
These rules apply across all modern awards — but the specific rates, penalty multipliers, and allowances vary by industry. If you're ready to check your actual pay:
- Hospitality (hotels, bars, cafés, clubs) → Hospitality Award pay rates
- Fast food and takeaway → Fast Food Award pay rates
- Restaurants and cafés → Restaurant Award pay rates
- Retail (shops, supermarkets) → Retail Award pay rates
- Admin and clerical → Clerks Award pay rates
- Cleaning → Cleaning Award pay rates
Not sure which applies to you? Browse all awards
Don't wait — underpayment compounds.
Check what you're owed first. A specific number makes your complaint much stronger.
Not sure if you’re being paid correctly?
Enter your shifts and find out in 2 minutes. Free, instant, based on official Fair Work rates.
Check my pay nowNo sign-up required
General information only — not legal advice. Contact the Fair Work Ombudsman on 13 13 94 or an employment lawyer for advice. Verify at fairwork.gov.au.
Not sure if you’re being paid correctly?
Enter your shifts and find out in 2 minutes. Free, instant, based on official Fair Work rates.
Check my pay nowNo sign-up required