Unpaid wages

If you are covered by a state award or enterprise agreement, or if you’re under 18 years of age, and think you are being underpaid or not receiving the correct entitlements (penalty rates, shift loadings etc.) there are some steps you should take.

If your unpaid entitlements include long service leave, or if your claim relates to employment prior to 27 March 2006, these steps may also be relevant to you.

Step 1 - discuss the matter with your boss or ex-boss. They may have made a genuine mistake and be happy to fix it.

Step 2 - contact NSW IR on 131 628 and talk to a client service officer. They can help you to check the pay rates and entitlements you should be receiving. You can then have another chat with your boss about it.

Step 3 - if the issue still isn’t resolved, and you still feel you are being underpaid, there is a more formal process you can follow. Go to the Resolving disputes section of this website for more information details.

Remember, you can contact NSW IR about unpaid wages and other entitlements within six months of leaving an employer.

What if I left the job more than six months ago?

If you are still under 18 years of age, and have left the job where the underpayment occurred within the past year, NSW IR may be able to investigate your claim.

Recovering unpaid wages yourself through the small claim process

NSW IR has developed a detailed guide for workers whose claims cannot be investigated directly because they were made more than six months (for those under 18 years of age) or one year since the underpayment occurred.

The small claims procedure guide (pdf - 146Kb) explains how workers who are covered by state awards and agreements can recover unpaid wages and entitlements up to $20,000.

Keep in mind that if you use this method for recovering entitlements, the court will want to know whether you have first tried to settle your claim with your employer.

Please also note that you must lodge your claim within six years of when the money was owed to you.

What entitlements can I recover?

You can recover any entitlements owed to you under the award or agreement that covers your work including superannuation as well as annual leave and long service leave entitlements. On request a court may also order that you be paid interest on the money owing to you.