Wage Theft Penalties Australia

Wage theft penalties Australia employers should understand structurally rather than by figure, because the dollar maximums move and secondary sources go stale quickly.

For the criminal offence, an individual faces imprisonment, or a fine, or both. Where the court can determine the underpayment, the maximum fine is set as the higher of a fixed amount or a multiple of the underpayment. Companies face a higher fixed amount on the same basis.

That multiple is the part that matters. A long-running underpayment across a large workforce produces a very different exposure from a single instance, even where the conduct looks similar.

Civil penalties are separate and are also higher where a contravention is found to be serious.

Check the current maximum amounts directly with the regulator, since they were under review during 2026.

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

See Sentrient’s wage theft webinar and GRC system.