Wage theft refers to the illegal practice of employers underpaying or withholding wages and entitlements from their employees. In Australia, there are several laws in place to protect employees from wage theft and ensure they receive fair compensation for their work. The relevant laws include:
 

Fair Work Act 2009

This is the primary legislation governing employment relations in Australia. It sets out the minimum wage, hours of work, leave entitlements, and other basic conditions of employment. The Fair Work Act also establishes the Fair Work Ombudsman (FWO) as the regulatory body responsible for enforcing workplace laws.

National Employment Standards (NES)

The NES are a set of 10 minimum employment standards that apply to all employees covered by the Fair Work Act. These standards include maximum working hours, annual leave, personal leave, public holidays, and parental leave, among others.

Modern Awards

Modern Awards are industry-specific sets of minimum employment standards that apply to particular occupations or industries. They outline the minimum pay rates, penalty rates, and other conditions of employment for employees covered by the awards.

Enterprise Agreements

Enterprise agreements are agreements made between employers and employees, or their representatives, which set out terms and conditions of employment. These agreements must meet or exceed the minimum standards set out in the Fair Work Act.

Record-keeping and pay slip obligations

Employers in Australia are required to keep accurate records of employee work hours, wages, and entitlements. They must also provide employees with pay slips that clearly detail their earnings, deductions, and superannuation contributions.

Penalties and enforcement

The Fair Work Ombudsman has the authority to investigate complaints of wage theft and take legal action against employers who breach workplace laws. Penalties for wage theft can include fines, injunctions, and orders to rectify the underpayments.

If you believe that you have been a victim of wage theft, it is important to seek legal advice as soon as possible. Our legal team can provide you with a thorough evaluation of your case and advise you on the best course of action.