AustraliaMy employer is paying me below the minimum wage set in my award. What can I do?
You can raise the issue with your employer, contact the Fair Work Ombudsman, or make a claim for unpaid wages — you have up to 6 years to recover underpaid amounts.
What the Law Says
Australian law guarantees all employees at least the minimum wage set in their modern award or the national minimum wage — whichever is higher. Employers who fail to pay this commit a breach of the Fair Work Act and may face penalties.
The Fair Work Act 2009 (Cth) sets out the legal framework for minimum employment standards, including pay rates. Section 172 requires employers to comply with applicable modern awards, enterprise agreements, or the National Employment Standards (NES).
Section 539 of the Fair Work Act 2009 (Cth) gives employees the right to make an underpayment claim in the Federal Circuit and Family Court of Australia. The Act also allows recovery of unpaid wages for up to 6 years from the date the underpayment occurred.
The Fair Work Ombudsman has statutory powers under Part 5-1 of the Act to investigate, conciliate, and enforce compliance — including issuing Compliance Notices and initiating litigation.
Statutory TextAn employer must not pay an employee less than the amount the employee is entitled to be paid under this Act, a modern award or an enterprise agreement.
— Fair Work Act 2009 (Cth), s. 536 — Employer's obligation to pay correct amount
Statutory TextA person may apply to the Court for an order that the person pay to another person an amount of money that the other person is owed under this Act, a modern award or an enterprise agreement.
— Fair Work Act 2009 (Cth), s. 539 — Application for underpayment order
Statutory TextProceedings for an order under section 539 must be brought within 6 years after the cause of action arose.
— Fair Work Act 2009 (Cth), s. 541 — Time limit for underpayment claims
What to Do
Check your award on the Fair Work Ombudsman website or call 13 13 94 to confirm your correct minimum rate.
Raise the issue calmly with your employer — ask for written confirmation of any agreed correction.
If unresolved, lodge a confidential complaint online at fairwork.gov.au or call the Ombudsman.
If you need formal recovery, consider applying to the Federal Circuit and Family Court of Australia under s. 539 — legal assistance is available through Fair Work Legal Advice Services.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.