Many parents assume a child can simply "decide" at age 12 or 14. Under Australian family law, there is no such threshold. Here is what courts actually weigh, and when a child's preference starts to carry real weight.
If your employer has ever told you, “We’ll fix your pay next week,” and that week never seems to come, you’re not alone. Wage underpayment is one of the most common complaints we hear from employees across Queensland and Victoria. Not only is this frustrating, but it’s also a serious legal issue that has real consequences for both employees and employers.
Here’s what you need to know about underpayment, why employers stall and what to do about it.
Underpayment occurs when an employer doesn’t pay an employee the full wages, superannuation or other entitlements they are legally entitled to receive. This can happen in several ways:
It’s important to note that honest payroll mistakes do happen. A one-off administrative error is not the same as intentional underpayment. Yet, when an employer knows about the shortfall and doesn’t fix it, or worse, deliberately underpays, that’s a different story entirely.
When an employer tells you they’ll fix your pay “next week,” there are usually a few reasons behind that stalling tactic:
Whatever the reason, stalling is not a legal defence. An employer’s promise to fix your pay “next week” doesn’t erase the money you’re owed or the breach of your employment rights.
Intentional underpayment of wages or entitlements is now a criminal offence under the Fair Work Act. This is not just a civil breach anymore.
If an employer deliberately underpays wages, falsifies records, or intentionally obscures how much they’re paying an employee, the consequences can be severe:
Honest payroll mistakes are different. Employers who make inadvertent errors and correct them promptly have specific protections and compliance pathways. However, saying “everyone does it” or “we’ll fix it later” is no longer a safe excuse when underpayments are intentional or ignored.
If your employer is stalling on fixing your pay, you don’t have to wait passively. Here are practical steps:
Keep detailed records of:
This documentation is crucial if you need to make a formal complaint later.
If you haven’t already, send your employer a clear email or letter setting out:
A written record is stronger than a verbal request and shows you’ve given the employer a fair opportunity to fix it.
You already have the right to pursue this independently of any legal reform. The Fair Work Act protects employees in Australia, including those in Victoria and Queensland. You can:
An employment lawyer can:
If the employer continues to stall after you’ve given them a written opportunity to fix it, you can escalate by:
If you’re an employer reading this, stalling on wage corrections is risky. Here’s what you should be doing instead:
Acting quickly to correct a mistake is far less expensive, financially and reputationally, than defending an investigation or court claim.
Also read: A Guide Through Unfair Dismissal in Australia
You can claim unpaid wages for up to six years in most states, but the exact timeframe depends on your location and the circumstances. An employment lawyer can advise you on your specific situation.
No. The Fair Work Act protects you from adverse action if you raise a complaint about underpayment. If you’re dismissed or disadvantaged for doing so, you may have grounds for a claim.
An employer’s financial difficulty is not a legal defence to underpayment. You have the right to be paid what you’re owed.
No, you can lodge a complaint with the Fair Work Ombudsman for free. However, a lawyer can guide you through the process and help maximise your recovery.
Our employment law team advises employees and employers across Queensland and Victoria on wage disputes, underpayment claims and Fair Work compliance. If your employer is stalling on your pay, or if you’re an employer concerned about wage compliance, we can provide clear, practical guidance on your options.
Contact Kingsford Lawyers online or call 1300 244 342 for a confidential, obligation-free chat about your wage concerns.
Many parents assume a child can simply "decide" at age 12 or 14. Under Australian family law, there is no such threshold. Here is what courts actually weigh, and when a child's preference starts to carry real weight.
Many parents assume a child can simply "decide" at age 12 or 14. Under Australian family law, there is no such threshold. Here is what courts actually weigh, and when a child's preference starts to carry real weight.
Victoria's proposed right to request 2 WFH days a week, what employees and employers need to know.
WE SPEAK – ENGLISH, ITALIAN, MANDARIN, FINNISH, PORTUGUESE, RUSSIAN, BENGALI, HINDI, URDU, GREEK, AFRIKAANS, SPANISH, ARABIC AND PUNJABI
English (Australia) English (Australia) 
简体中文
Italiano
Português do Brasil
Suomi
Русский
Afrikaans
বাংলা
Ελληνικά
Reach out to us, and let’s work together towards a solution that brings you peace of mind and a positive step forward.