If your pay looks wrong, the useful move is not to guess — it is to work out, on paper, what you should have been paid, compare it with what actually landed in your account, and then follow a defined path to fix it. The Fair Work Ombudsman says you can follow some simple steps to check your pay and resolve most pay problems, and that process starts with checking what you should be paid before you raise anything with anyone.
This guide sets out that order: establish the correct rate, document the gap, raise it, and then escalate through the formal options if it is not fixed.
Start by working out what you should have been paid
Underpayment claims only make sense against a benchmark. Legal Aid NSW says that if you believe you have been underpaid or not paid your correct wages or entitlements, you should check:
- your award and/or employment contract
- the minimum entitlements outlined in the National Employment Standards (NES), published by the Fair Work Ombudsman at fairwork.gov.au.
Those two sources answer different questions. Your award or contract usually determines the base rate for your classification, plus loadings, penalty rates and overtime that apply to the hours and times you actually worked. The NES sets minimum entitlements that apply regardless of the arrangement, such as certain leave entitlements. Where the two overlap, the comparison is not "which is lower" but "which gives you the better outcome" — a point worth confirming with the Fair Work Ombudsman if your situation is not straightforward.
What this means practically: do not begin with a number from a friend, a forum or a pay slip from a different job. Begin with your own award or contract and your own hours.
Gather your records and calculate the difference
Before you talk to anyone, assemble the evidence that shows what was worked and what was paid.
- Pay slips for the period in question, and the bank statements showing what was actually deposited
- Your employment contract, and the award or agreement that covered you
- Records of hours worked — rosters, timesheets, clock-in data, swap or shift messages, diary entries
- Records of leave taken and leave balances
- Any written agreement about your rate, classification or hours
- Notes of any conversations about pay, with dates
Checklist: for each pay period in the period you are concerned about, note the hours worked, the rate you believe applied, the amount you were paid, and the difference. A period-by-period list is more useful than a single total, because it makes the discrepancy visible and gives your employer something concrete to check against their own records.
Keep in mind that some gaps have ordinary explanations — a change in classification, a leave without pay period, a superannuation or tax variation, or a pay cycle cut-off. Working through the list first means you can raise a specific question rather than a general complaint.
Raise it with your employer
The Fair Work Ombudsman's guidance is direct: if you think your pay isn't right, arrange a time to talk to your employer and show them what you've found.
Book a time rather than raising it in passing. Bring the calculation, not just the conclusion. Ask your employer to check their records against your list and to explain any difference they believe is correct.
If your employer agrees that money is owed, the Fair Work Ombudsman advises that you should acknowledge the agreement and then check that the correct money is paid into your bank account. Put the agreement in writing — what is owed, for which periods, and when it will be paid — and then verify the deposit against that agreement. An agreed underpayment that never arrives is a different problem from a disputed one, and the written record is what lets you move to the next step.
Many pay discrepancies resolve at this stage, which is why it is worth doing properly before escalating.
If your employer has not paid or does not agree
Legal Aid NSW lists the actions available where wages or entitlements have not been paid:
| Option | What it involves |
|---|---|
| Speak to your manager or supervisor | The informal first step; appropriate where the issue may be a payroll error |
| Speak to your Human Resources section | Where your workplace has one; useful for record checks and formal escalation |
| Speak to your union representative | Available if you are a union member; they can advise and may represent you |
| Make a complaint to the Fair Work Ombudsman | The government body that handles workplace pay complaints |
| Apply to the court | A formal legal claim about unpaid wages or entitlements |
Which one is realistic depends on your circumstances — whether you are still employed there, how large the amount is, whether the issue is a one-off error or a pattern, and how much evidence you hold. If you are a union member, your union is usually the cheapest first source of advice. The Fair Work Ombudsman is the appropriate body for a complaint about unpaid wages regardless of union membership.
On going to court, Legal Aid NSW notes that fees in the Federal Court of Australia are generally higher than fees in the Federal Circuit and Family Court of Australia, and that its website does not have information about claims for unpaid wages and entitlements in the Federal Court of Australia. Court fees and procedures are worth confirming directly with the relevant court or a legal adviser before you commit to that route.
One thing not to do
Legal Aid NSW is clear on this: you can't take or refuse to return your employer's property if you have unpaid wages or entitlements. If you take or keep your employer's property without their agreement, they may take legal action against you to recover it.
That applies even where the underpayment is real and undisputed. Holding equipment, stock, keys or documents as leverage changes your position from claimant to defendant and can be recovered against you separately from your pay claim.
On the criminal underpayment provisions
Legal Aid NSW states that from 1 January 2025, intentional underpayment of wages or entitlements can be a criminal offence.
Two points of interpretation. First, the word used is "intentional" — this is a distinct concept from an accidental payroll mistake, and how it applies in practice is a legal question. Second, a criminal provision is separate from your own recovery: it does not, by itself, pay you the money you are owed. If you think an underpayment was deliberate, that is something to raise with the Fair Work Ombudsman or a legal adviser rather than to act on yourself.
Questions to verify before you act
The right questions depend on facts only you can confirm. Check these against official sources or a legal adviser:
- Which award or agreement actually covered your role, and at which classification?
- Which periods are within scope for a complaint or claim, and are there time limits that apply to you?
- Was the shortfall in wages, in leave or other entitlements, or in superannuation — as these can run through different processes?
- Are you still working for this employer, and does that change how you raise it?
- Do you hold enough evidence of hours worked to support your calculation?
- Are there court fees or other costs attached to the route you are considering?
Australian Today is an information publisher. We are not a regulator, a government body, a court, a union or a legal service, and this article is not legal advice.
Your next step
Pick the smallest step that moves the matter forward today:
- Download or locate your pay slips and bank statements for the period you are concerned about, and list the periods side by side with your hours.
- Confirm your award or contract rate and check your entitlement against the National Employment Standards at fairwork.gov.au.
- Write out the difference per pay period, then arrange a time to talk to your employer or payroll and show them what you have found.
- If that does not resolve it, speak to your union representative if you have one, or make a complaint to the Fair Work Ombudsman.
- If the amount is large, the pattern is long-running, or you are considering court action, get legal advice before filing — and confirm current court fees with the relevant court.
Keeping contemporaneous notes throughout is the single habit that helps most at every stage, from the first conversation with your employer to any formal complaint.
This article is general information only and is not legal, financial or migration advice. It does not consider your individual circumstances, and it should not be relied on as a substitute for advice from the Fair Work Ombudsman, your union, or a qualified legal practitioner. Laws, entitlements, rates and court fees change; verify current details with the official sources linked above before acting. Australian Today is not a lender, broker, regulator or comparison service, and no outcome, payment or result is guaranteed.