REMINDER: Wage Theft is Now a Criminal Offence

Wage theft

“From 1 January this year, wage theft, including deliberately underpaying workers, was officially criminalised under new federal legislation. Employers are now legally required to ensure staff are paid correctly and on time, with serious breaches carrying penalties including hefty fines or even jail time.”

Here are some quick access links to Australia’s Government wage‑theft information guides:

  • Understand the Law & Your Liability

Criminalising wage underpayments and other issues – Fair Work Ombudsman

  • Voluntary Small Business Wage Compliance Code

Small businesses (≤15 employees) can follow this voluntary code to protect themselves from criminal prosecution if they’ve acted in good faith.

Fair Work Ombudsman – Voluntary Compliance Code

  • Fair Work Ombudsman (FWO)

The FWO can:

  • Issue compliance notices
  • Enter into enforceable undertakings
  • Refer to Commonwealth Director of Public Prosecutions (CDPP)

Circular 2024/05: Correction of underpayment of wages and entitlements | Australian Public Service Commission

Additional Official Resources

Disclaimer: This information is provided for general informational purposes only and does not constitute legal or professional advice. While every effort has been made to ensure the accuracy of the information contained herein, the author accepts no liability for any changes, loss, or damage arising from reliance on its content. Readers should seek independent legal advice and updates, before acting on any matter discussed in this document.