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Underpayment of Wages

The South Australian Employment Tribunal has power to deal with underpayment of wages claims for both State and Commonwealth awards, enterprise agreements or contracts of employment. For information on the process of making a claim, see the South Australian Employment Tribunal website.

Underpayment of wages claims must be made within 6 years of the date that the payment became due, however only 3 years for unpaid Long Service Leave claims.

Correct pay

To check your rate of pay, check your contract, enterprise agreement, or award. If you are uncertain, contact the Fair Work Ombudsman, or use their pay rates calculator tool on their website called Pay and Conditions Tool (PACT).

The national minimum wage as at 1 July 2020 is $19.84 for full time and part time workers and $24.80 for casual workers (includes 25% casual loading).

Under the Fair Work Act 2009 (Cth) employers have to maintain employee records of pay and hours worked for seven years [s 535]. You also have the right to receive a record of your pay (payslip) within one business day of your pay day [s 536]. You must also be paid at least monthly and to be paid in money (not in goods or services) [see ss 323-327 generally about your rights to pay and permitted deductions].

To check your Long Service Leave entitlement see the calculator tool on SafeWork SA's website.

Underpayment of Wages  :  Last Revised: Thu Jul 11th 2019
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.