Wage Theft Australia
Wage theft Australia coverage changed sharply on 1 January 2025. From that date, intentional underpayment of wages or entitlements can be a criminal offence rather than only a civil one.
The line is intent. The offence covers an employer who was required to pay an amount and intentionally did something that resulted in it not being paid by the day it was due. That includes both taking an action, such as deliberately applying the wrong rate, and failing to take one.
Honest mistakes are not caught by it. That is stated plainly by the regulator, and it is the distinction the whole regime rests on.
The offence applies to intentional underpayments occurring after the provisions took effect, including where they form part of a course of conduct that started earlier.
The Fair Work Ombudsman publishes the detail. This is general information rather than legal advice, and obligations vary by state and territory.
See Sentrient’s wage theft webinar and HR management system.
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