I have not been paid properly

Last checked: 31 October 2026

The short answer

Most workers' minimum pay comes from an award, and you can check yours with the Fair Work Ombudsman Pay Calculator. If you are owed money, ask your employer in writing first, then get help from the Fair Work Ombudsman. You can also make a small claim in court for up to $100,000. You must start a court claim within 6 years of the underpayment.

Key dates and time limits

• 6 years from the date of the underpayment to start a small claim.
• Your employer must give you a payslip within 1 working day of pay day.

Step by step

1. 1

   Find your award and pay rate

   For most employees, the minimum wage is set by the award for your industry or job. Use the Fair Work Ombudsman Pay Calculator to find your award and your rates, including penalty rates and allowances. If no award or agreement covers you, the National Minimum Wage is $26.44 an hour or $1004.90 a week from 1 July 2026 (as at October 2026).

2. 2

   Check your payslips and records

   A payslip must show your pay period, gross and net pay, your hourly rate and hours, any loadings, allowances and penalty rates, deductions, and super paid. Keep every payslip and write down the hours you actually work. The Fair Work Ombudsman Record My Hours app can help.

3. 3

   Work out what you are owed

   Compare what you were paid with what the award says, week by week. Include base pay, penalty rates, overtime, allowances and leave. Unpaid super can also be claimed, or you can report it to the Australian Taxation Office.

4. 4

   Raise it with your employer in writing

   Talk to your employer if it is safe to do so. If that does not fix it, send a letter or email setting out what you are owed and by when you want it paid. Say you will make a small claim if it is not paid by that date. Keep a copy of what you send and any reply.

5. 5

   Ask the Fair Work Ombudsman for help

   The Fair Work Ombudsman gives free advice and can look into underpayment. It can issue a compliance notice that requires an employer to work out and pay what is owed. In some cases it can help you lodge a small claim.

6. 6

   Make a small claim

   You can make a small claim for up to $100,000 in the Federal Circuit and Family Court of Australia or in the Industrial Division of the Magistrates' Court of Victoria in Melbourne. The process is less formal, and you usually need the court's permission to use a lawyer. Get advice about which court suits you, because the forms and steps differ.

Who can help

Forms and the law