AustraliaMy employer hasn't paid me for three weeks. What are my rights under Australian law?
You have the right to be paid your full wages on time, and if unpaid for three weeks, you can recover the money through the Fair Work Ombudsman or the Federal Circuit and Family Court of Australia within 6 years.
What the Law Says
Australian law requires employers to pay employees all wages and entitlements on time and in full. Failure to do so is a breach of the Fair Work Act 2009 and state-based payroll laws.
Under the Fair Work Act 2009, employers must pay employees 'at least once every 7 days, 14 days or 28 days', depending on the award, agreement or contract — but never less frequently than once per month. Most modern awards require payment at least fortnightly.
The Act makes it unlawful for an employer to withhold or fail to pay wages owed. If wages are unpaid, the employee has a statutory right to recover them as a debt due.
There is no minimum delay before action can be taken: even one missed pay cycle gives rise to a legal claim. However, you generally have up to 6 years from the date the wages were due to start legal proceedings to recover them.
Statutory TextAn employer must pay an employee's remuneration in accordance with the terms of the employee's employment.
— Fair Work Act 2009, s. 323 — Payment of wages
Statutory TextAn employer must pay an employee's remuneration not later than the end of the period (not exceeding 1 month) that ends on the day on which the remuneration becomes payable.
— Fair Work Act 2009, s. 324 — Time for payment
What to Do
Contact your employer in writing (email or letter) to request immediate payment and keep a copy.
Call the Fair Work Ombudsman on 13 13 94 or visit fairwork.gov.au to report unpaid wages — they can investigate and help resolve it for free.
If unresolved, apply to the Federal Circuit and Family Court of Australia using Form FCFCOA 1 — claims under $10,000 go to the Small Claims Division.
Keep records: payslips, employment contract, timesheets, and all communication about the unpaid wages.
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.