Wage Theft in Australia

Wage theft in Australia is usually pictured as underpaying an hourly rate. The provisions reach considerably wider than that.

They cover amounts an employer was required to pay to an employee, which includes wages and paid leave entitlements. They also cover amounts required to be paid on behalf of, or for the benefit of, an employee. Superannuation contributions and salary sacrifice amounts fall into that second group.

That second category catches people out. An organisation confident its rates are correct may be far less confident about whether contributions were remitted on time, every time, for every worker.

There are exceptions for certain employees in some states, depending on how the employer is constituted, so check carefully where your own workforce sits before assuming.

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

See Sentrient’s wage theft webinar and records management software.