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 [Fair Work Act 1994 (SA) s 9]. To learn how to make a claim, see the South Australian Employment Tribunal website.

Underpayment of wages claims arising under the federal Fair Work Act 2009 (Cth) may also be brought as a small claim in the Fair Work Division of the Federal Circuit and Family Court of Australia [s 548]. The claim must be for $100,000 or less, relate to an entitlement under the Act like the NES, a Modern Award, an enterprise agreement or the national minimum wage, and be made within 6 years [s 545(5)]. For more information on the process in this court, visit the Federal Circuit and Family Court website.

Underpayment of wages claims arising under the South Australian Fair Work Act 1994 (SA) must similarly be made within 6 years of the date that the payment became due, unless the claim relates to unpaid superannuation contributions (to which no time limit applies) [s 31].

Long service leave claims are handled separately under the Long Service Leave Act 1987 (SA). For more information, refer to Long Service Leave.

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 2025 is $24.95 per hour (or $948 per week) for full time and part time workers. Casual workers receive an additional 25% casual loading. [See National Minimum Wage Order 2025].

Under the Fair Work Act 2009 (Cth) employers must maintain employee records of pay and hours worked for 7 years [s 535]. Employees also have the right to receive a record of their pay (payslip) within one business day of pay day [s 536]. Employees must be paid at least monthly and be paid in money (not in goods or services) [see Fair Work Act 2009 (Cth) ss 323-327 generally about rights to pay and permitted deductions].

To check Long Service Leave entitlements, see the SafeWork SA website.

Penalties

Intentional underpayments may amount to criminal conduct and non-compliance with workplace laws, awards or enterprise agreements may result in fines. This does not apply to genuine mistakes or accidental underpayments. For more information, visit the Fair Work Ombudsman's website - Criminalising wage underpayments and other issues.