Wage theft is a criminal offence in Queensland. Employers engaging in deliberate wage theft from their employees face the risk of up to 10 years imprisonment.
A Queensland Parliamentary Committee inquiry into wage theft in Queensland found that wage theft is widespread, affecting around 437,000 (approximately one in five) Queensland workers each year and costing more than $1 billion every year in unpaid or underpaid wages.
In addition to the criminalisation of wage theft, Queensland workers are also able to recover their unpaid wages through a simple, quick and low-cost process.
Claims for recovery of wages may be made to the Industrial Magistrates Court through the Queensland Industrial Relations Commission Registry. You can make a claim for wages or entitlements owed to you within 6 years of when you were underpaid.
For further information about the wages recovery process visit the website or call the Registry on 1300 592 987.
What are my rights?
As a worker in Queensland your rights and entitlements are protected by State and Commonwealth laws. You are entitled to:
• be paid at least the minimum wage that applies and other entitlements under the National Employment Standards (NES) or other (higher) minimum rate under a modern award or enterprise agreement that applies to your work.
• reasonable hours, rest breaks and time off work
• have all your hours recorded and receive an accurate pay slip each time you are paid
• not be directed as to how to spend your wages
• a safe workplace
• be treated fairly and with respect and free from discrimination
• be a member of a union if you want to
• be paid for training and staff meetings
• not be required to hand back money to your employer after you have been paid
• not have money deducted from your wages unless it is an approved lawful deduction (in very limited circumstances – contact the Fair Work Ombudsman for information)
• have Pay-As-You-Go (PAYG) tax deducted from your gross (before tax) pay by your employer and paid to the Australian Taxation Office (ATO)
• have superannuation contributions paid to a complying fund on your behalf if you are eligible - this must be paid at least every three months. Generally, your employer must pay superannuation for you if you are:
- 18 years old or over and are paid $450 or more (before tax) in a calendar month.
- under 18 years old, being paid $450 or more (before tax) in a calendar month and work more than 30 hours in a week.
How can I report wage theft?
Anyone in the community can report allegations of wage theft or alert the Fair Work Ombudsman of non-compliance. Call the Fair Work Ombudsman on 13 13 94 or make an anonymous complaint. Contact the ATO on 13 10 20 to make a complaint regarding unpaid superannuation.
What if I believe I am not being paid the correct amount?
The Fair Work Ombudsman may be able to investigate on your behalf if you make a complaint or assist you to raise the matter with your employer.
Wage theft is a crime in Queensland, how do I make a complaint?
If after pursuing the above wage recovery options in Queensland’s industrial tribunals you believe the employer has intentionally stolen the wages, you can make a complaint to the Queensland Police Service. It is important to note that the police do not pursue and recover unpaid wages. You can contact the Queensland Police Service on 131 444. The police will consider the information you provide in your complaint when deciding to investigate whether a crime of wage theft has been committed and whether to initiate a prosecution. Criminal investigations and prosecutions are complex and often take significant time to resolve.
Can my employer tell me I can’t have a break when I have worked all day?
Your employer is required to comply with the provisions of the relevant Award, enterprise agreements and other registered agreements, including the maximum hours of work rest breaks. To find out how these apply in your Award or Agreement specific to your industry visit the Fair Work Ombudsman. Under work health and safety legislation, employers have a duty of care to provide a healthy and safe workplace, including providing adequate rest breaks to manage the risk of fatigue.
We have staff meetings for an hour every week. Should I be paid to attend?
Yes, you should be paid to attend a staff meeting if you are required to attend. Your employer must pay you for all the time you are required to work, including attending meetings and training for work.
Can a prospective employer ask me to do unpaid work? Unpaid work or internships may not be lawful unless it is genuine work experience arranged through an educational institution. For further information on unpaid work including examples visit fairwork.qld.gov.au .