Wage Theft 2025 Laws

The wage theft 2025 laws took effect in Australia on 1 January 2025, and the criminal offence is the part that got the coverage.

Three other changes matter just as much in practice, and they get far less attention.

A Voluntary Small Business Wage Compliance Code was introduced, which can stop the regulator referring a small business employer’s conduct for criminal prosecution where the Code has been complied with.

Cooperation agreements became available, so an employer who self-reports conduct to the regulator can enter into a written agreement about it.

And the serious contravention test in the civil regime had already shifted, moving from knowing and systematic conduct to conduct where the person knew, or was reckless as to whether, a contravention would occur.

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

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