What to do now
Official path: Fair Work Ombudsman, My pay doesn't seem right. Pay check: Pay and Conditions Tool. FWO help: Get our help with your workplace issue or call 13 13 94. Small claims: About the small claims court (FWO) and FCFCOA Fair Work apply. Clock for small claims: usually 6 years from when the entitlement should have been paid. FCFCOA filing fee (from 1 July 2026): $310 / $500 / $585 by claim band (see court fees).
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Gather your records today. Payslips, rosters, timesheets, bank statements, your contract, and any messages about pay. If records are thin, start a running hours diary (Fair Work also has a Record My Hours app).
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Work out what you should have been paid. Use the Pay and Conditions Tool (and your award or enterprise agreement) to estimate the shortfall by pay period. Keep a simple table of hours, rate used, amount paid, and amount owed.
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Raise it with your employer in writing. Explain the underpayment, attach your calculations, and ask for back pay by a set date (Fair Work often suggests about one week). Follow up any meeting with an email summary. Keep copies of everything you send and receive.
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Ask the Fair Work Ombudsman for help if your employer ignores you, disagrees, or agrees but does not pay. Start at Get our help with your workplace issue or call 13 13 94. Dispute Assistance is a free, phone-based service that helps both sides understand entitlements and options. FWO does not run the court case for you in the usual pathway.
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Consider Fair Work small claims if the money is still unpaid. You can usually claim underpayments of $100,000 or less in the Federal Circuit and Family Court of Australia (or a state or territory magistrates/local court). File within 6 years of the contravention date. For FCFCOA unpaid wages small claims you typically lodge an Originating Application (Fair Work Division) plus Form 5, with your calculations and supporting documents.
Check your pay first
Most national-system employees are covered by a modern award, an enterprise agreement, or (if award and agreement free) the National Minimum Wage. Wrong classification, missing weekend penalties, unpaid overtime, and unpaid leave loadings are common underpayment patterns.
Fair Work's My pay doesn't seem right page walks through checking payslips and talking to your employer. Bring the tool printouts or screenshots so the conversation is about numbers, not guesses.
Fair Work Ombudsman help (brief)
Dispute Assistance is free. An officer can explain entitlements, help the parties communicate, and outline next steps if there is no agreement. FWO can also investigate and take compliance action in some cases. It is still your claim: if you need a court order for the money, small claims is the usual self-help court path.
Intentional underpayment of wages or entitlements can be a criminal offence from 1 January 2025 (honest mistakes are treated differently). That is a separate enforcement track run through FWO referral pathways. See Criminal prosecution (FWO). Your first recovery steps remain records, a written claim, FWO help, and (if needed) small claims.
Fair Work small claims
Under Fair Work Act 2009 (Cth) s 548, underpayment claims of $100,000 or less (without seeking a pecuniary penalty) can use the small claims process. The claim generally cannot reach back more than 6 years before you start the case.
Typical money claims include base rates, penalty rates, allowances, leave entitlements, and some unlawful deductions. You may also ask for interest and, if you win, recovery of the filing fee in many cases. Hearings are usually more informal than ordinary court. Parties generally appear without lawyers unless the court gives leave.
FCFCOA filing fees for s 548 small claims (effective from 1 July 2026, check the live fees page before you file):
- less than $10,000: $310
- $10,000 to $50,000: $500
- $50,000 to $100,000: $585
Fee exemptions or reductions can apply for some concession holders or financial hardship. Confirm on the court fees pages before you pay.
You can also use the magistrates or local court small claims pathway in your state or territory. Forms and fees differ. Fair Work says it cannot tell you which court to choose; get independent advice if you are unsure.
Soft related paths (not this guide): unfair dismissal uses Fair Work Commission Form F2 within 21 days. Platform employee-like workers use Form F89 for unfair deactivation. Those are job-loss pathways, not wage-recovery claims.
Where to lodge and get help
Fair Work Ombudsman: My pay doesn't seem right · Get our help · Small claims overview · Infoline 13 13 94
Pay tool: Pay and Conditions Tool
Federal Circuit and Family Court: Fair Work: I want to apply · Fair Work small claims · General federal law fees
Related Zoe guides: Unfair dismissal (FWC Form F2) · Unfair deactivation for gig workers (Form F89)
Legislation soft cite: Fair Work Act 2009 (Cth) ss 544 to 545 and 548 (see the FWO and FCFCOA pages for how they apply to your facts).