Key Highlights of the 2025 Wage Theft Laws

Coverage of the key highlights of the 2025 wage theft laws concentrated on criminalisation. Two of the four changes actually work in an employer’s favour, provided they are used properly.

The offence. Intentional underpayment can now be prosecuted criminally.

The small business Code. Where the regulator is satisfied a small business employer complied with it, that employer’s conduct cannot be referred for possible criminal prosecution.

Cooperation agreements. An employer who self-reports may enter a written agreement, and while it is in force the conduct covered cannot be referred for prosecution.

The serious contravention test. Now met where a person knew, or was reckless as to whether, they were contravening.

Neither protective mechanism removes civil exposure, and the regulator says so explicitly on both.

The Fair Work Ombudsman publishes each of these. This is general information rather than legal advice, and obligations vary by state and territory.

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