Wage Theft

Wage Theft: Know Your Rights, Claim What You're Owed

Wage theft is the unlawful underpayment or non-payment of wages and entitlements. It is more common than most people realise — and it’s illegal!

At IR Advocates, we believe every worker deserves to be paid fairly and by the law. 

Wage theft – whether unpaid overtime, incorrect hourly rates, missing superannuation, or withheld entitlements – robs employees of the money they have worked hard to earn.

What Is Wage Theft?

Wage theft can take many forms, including:

  • Being paid below the minimum wage
  • Failure to pay overtime rates in accordance with the relevant modern award
  • Underpayment or non-payment of penalty rates or public holiday rates
  • Failure to pay superannuation guarantee contribution (SGC) – under Division 10A of the National Employment Standards 
  • Withholding of entitlements such as paid annual and personal leave, allowances or redundancy pay
  • Misclassification of modern award employment level to avoid obligations to pay the correct modern award rates
  • Illegal deductions from wages (such as deductions for compulsory training and work equipment)

 

Wage theft is often experienced most by casual workers, migrants, young and school-aged workers, and workers with disabilities. Industries experiencing a high proportion of wage theft include: hospitality, retail, cleaning, and the building and construction industries. However, it can happen in any workplace!

Your Legal Entitlements

The Fair Work Act , industry modern awardsenterprise agreements, and National Employment Standards protect Australian employees. If your employer does not meet these obligations, they may be committing wage theft.

 

Whether you are paid according to an hourly rate or a salary, whether you are a casual or permanent employee, you are entitled to a fair wage and proper conditions based on your role and industry.

How We Can Help

If you believe you’ve been underpaid or are unsure about your entitlements, IR Advocates can support you by:

 

✅ Obtaining a full copy of your employee records from your employer

✅ Reviewing your employment contract and employee records
✅ Calculating what you’re legally entitled to
✅ Engaging with your employer to negotiate payment
✅ Lodging claims with the Fair Work Ombudsman or relevant tribunal
✅ Representing you in disputes, if required

 

Our approach is practical, confidential, and focused on quickly getting you what you’re owed.

Real Support. Real Results.

Many employees don’t speak up because they fear retaliation or because they simply don’t know where to start. We are here to make the process easier and safer.

Whether you are currently employed or have left your job, it is not too late to recover your wages. You may still have a valid claim, and time limits may apply, so don’t wait.

Think You're a Victim of Wage Theft? Let's Talk.

Don’t let your hard work go unpaid. Our experienced team will listen, assess your case, and help you take the next step with confidence.

📞 Book a Free Consultation Today
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Your rights matter. We are here to make sure they are enforced.