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]. For information on the process of making 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 2024 is $24.10 per hour for full time and part time workers. Casual workers receive an additional 25% casual loading. [National Minimum Wage Order 2024].

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.