Wage Underpayments &
Unpaid Entitlements

Wage theft is one of the most widespread forms of workplace injustice in Australia. Whether it is unpaid overtime, incorrect award rates, missed superannuation contributions, or misclassification as an independent contractor — every dollar owed to you is recoverable. Atlas Lawyers Employment conducts thorough back-pay assessments, negotiates directly with employers, and pursues outstanding entitlements through the Fair Work Ombudsman or litigation where required.

Criminal Offence — From 1 January 2025

Employers who deliberately underpay employees now face criminal prosecution, substantial fines, and potential imprisonment under amendments to the Fair Work Act. This gives employees unprecedented leverage in recovering every dollar they are owed.

Find Out What You're Owed Speak to a Lawyer

Common Issues

Common Underpayment Issues We Recover

Wages below the applicable Modern Award minimum rate
Unpaid penalty rates, overtime loading, and allowances
Missing or underpaid superannuation contributions
Annual leave, personal leave, and long service leave not paid out
Sham contracting — treated as a contractor but legally an employee
Incorrect notice or redundancy pay on termination

Your Entitlements

What Can Be Recovered

Up to 6 Years Back-Pay

Recover underpayments from up to 6 years of employment history

Interest on Outstanding Wages

Interest accrues on unpaid wages and superannuation contributions

Civil & Criminal Penalties

Penalties against employers for contraventions, including criminal prosecution for intentional underpayment

Our Process

How We Calculate & Recover What You're Owed

Award Identification

We identify the correct Modern Award, enterprise agreement, or contract that governs your employment and pay entitlements.

Back-Pay Calculation

We audit your pay records against your correct entitlements, calculating every dollar owed over up to 6 years of employment.

Demand & Negotiation

We issue a formal demand and negotiate repayment directly with your employer, often resolving without the need for formal proceedings.

Enforcement

Where needed, we pursue recovery through the Fair Work Ombudsman, small claims pathway, or civil court proceedings.

Ready to Recover What You're Owed?

Every dollar counts. Contact Atlas Lawyers Employment today and we'll assess your underpayment claim.