At a glance (Summary)
- What is an underpayment? Being paid less than your legal entitlement under legislation, your award, enterprise agreement or contract. Common areas include base pay, overtime/penalties/loadings, allowances, superannuation, leave entitlements, misclassification and unlawful deductions.
- Time limit: You generally have six years to commence proceedings to recover unpaid entitlements from when they first became payable.
- Coverage: Most workers are in the national system (Fair Work). A small cohort remain in state systems with different rules.
- Minimum pay frequency: You should be paid at least monthly.
- Form of payment: Wages must be paid in money (e.g., cash or EFT), not in goods.
This is general information, not legal advice. See “Need more help?” below.