Fixing workplace problems: unpaid wages, dismissal and exploitation

Fair Work Ombudsman / Fair Work CommissionVerified 22 Oct 2026Official pages checked daily

If you are owed wages, underpaid, dismissed without good reason or exploited at work, first check the rules and collect evidence, then raise the problem with your employer and put it in writing. If that does not work, contact the Fair Work Ombudsman (Fair Work Infoline 13 13 94; for an interpreter call 131 450 first) or take a small claim to court yourself for unpaid wages of up to A$100,000. If you were unfairly dismissed, you must apply to the Fair Work Commission within 21 days. Visa holders have the same protections, and asking Fair Work for help will not get your visa cancelled.

Key facts

What the Fair Work Ombudsman can help with: Unpaid or underpaid wages, pay rates and penalty rates, notice of termination, redundancy pay and final pay, leave, hours of work and breaks, minimum conditions under awards and enterprise agreements, and sexual harassment at work²
What the Fair Work Ombudsman does not handle: Tax and super (go to the ATO), bullying and unfair dismissal (go to the Fair Work Commission), work health and safety, workers compensation, legal advice, and matters older than 6 years²
Fair Work Infoline: 13 13 94. If you need an interpreter, call the Translating and Interpreting Service on 131 450 first and ask to be connected. You can also report a problem anonymously or ask a question using the online form¹
Time limit for recovering unpaid wages: A small claim must be lodged within 6 years of the breach³
Small claims court: You can recover up to A$100,000 in unpaid entitlements, including base pay, penalty rates, allowances, leave, unlawful deductions and unpaid super. Claims can be lodged in the Federal Circuit and Family Court of Australia or the magistrates court of your state or territory. Both sides usually represent themselves; you need the court's permission to use a lawyer³
Time limit for unfair dismissal: Apply to the Fair Work Commission within 21 days of the dismissal. The Fair Work Ombudsman does not investigate unfair dismissal complaints⁴
Minimum service to claim unfair dismissal: You must have worked for the employer for at least 6 months, or 12 months if the employer is a small business (fewer than 15 employees). You must also be covered by an award or enterprise agreement, or earn less than the high income threshold⁴
Fair Work Commission application fee: A$92.70 for 2026–27 (adjusted every 1 July). It applies to unfair dismissal, general protections and stop bullying applications. You can ask for the fee to be waived if you are in serious financial hardship, and it is refunded if you withdraw before the matter is listed⁵
Visa protection: The Fair Work website says visa holders who ask the Fair Work Ombudsman for help will not get into trouble or have their visa cancelled. Your employer cannot cancel your visa; only the Department of Home Affairs can⁶
Visa protection pilots: The Government has introduced the Strengthening Reporting Protections Pilot and the Workplace Justice Visa Pilot, run by the Department of Home Affairs. While they run, the Assurance Protocol between the Fair Work Ombudsman and Home Affairs is paused. The first pilot means visa holders who pursue an exploitation claim will not have their visa cancelled even if they have breached a work-related visa condition. The second lets them stay in Australia for a short period to pursue the claim. Both need a certificate from a government agency or an accredited third party⁶
Paying for a job is illegal: Asking for, receiving or offering a benefit in return for visa sponsorship (paying for visa sponsorship) is illegal; report it to the Department of Home Affairs. Making an employee pay money to get or keep a job (cashback) is also illegal; contact the Fair Work Ombudsman⁷
Who handles bullying, sexual harassment and discrimination: The Fair Work Commission handles stop bullying and workplace sexual harassment applications (current employees can take the eligibility quiz first). The Australian Human Rights Commission handles complaints under federal anti-discrimination law about sex, disability, race, age and other grounds. Each state also has its own anti-discrimination and work health and safety bodies⁸
Injury at work: Workers compensation is run by each state and territory's own authority, not Fair Work. For example, NSW is the State Insurance Regulatory Authority, VIC is WorkSafe Victoria and QLD is WorkCover Queensland⁹
Final pay: Includes wages for work done and unused annual leave (including annual leave loading). Most awards require final pay within 7 days of the employment ending; if nothing is set, the Fair Work Act requires payment at least monthly. Sick leave is not paid out¹⁰

Who is this for, and what are the requirements?

Applies to employees and former employees who work or worked in Australia, whatever your visa type. Temporary visa holders have the same minimum workplace rights and protections, even if they have breached a visa condition.
To claim unfair dismissal you must have worked for the employer for at least 6 months (12 months for a small business), be in the national workplace relations system, and be covered by an award or enterprise agreement or earn less than the high income threshold.
If you work as a contractor with an ABN, many rules are different. But if you were made to work as a contractor in a job that should really be an employee job, you can ask the Fair Work Ombudsman.
Small claims only cover entitlements under the Fair Work Act (NES, awards, enterprise agreements and similar), up to A$100,000.

How do I do it? Steps and process

Check the rules and collect evidence
Use the Pay and Conditions Tool to work out what pay and leave you should have received, and find the relevant clauses of your award. Keep your employment contract or offer letter, pay slips, rosters and records of hours, and emails and messages with your employer. The Fair Work website has a 'fixing workplace problems' guide for employees with templates.
Talk to your employer first, then put it in writing
Arrange a time when you will not be interrupted. Explain the problem and how you want it fixed; you can print the official information and your calculations to show them. After the conversation, send an email summarising what was said. If that does not resolve it, make a formal written request stating what is owed, the amount and when you expect it to be fixed, and keep a copy.
Ask the Fair Work Ombudsman for help
If you cannot fix it yourself, call 13 13 94 (Monday to Friday; for an interpreter call 131 450 first), or register for My account online and ask a question. You can also report anonymously (you will not get a reply). The Fair Work Ombudsman is neutral and does not represent either side; it assesses the matter and decides whether to get involved. Its free Dispute Assistance service helps both sides resolve the problem.
Unpaid wages not resolved: the small claims court
You can lodge a small claim yourself (up to A$100,000) in the Federal Circuit and Family Court of Australia or the magistrates court in your state. The process is faster, cheaper and less formal than a normal court case and usually ends in one hearing. Before you file, send your employer a formal letter stating the amount owed and that you will go to court if it is not paid by a set date. Remember the 6-year time limit.
Dismissed: apply to the Fair Work Commission within 21 days
If you think your dismissal was unfair (harsh, unjust or unreasonable, not a genuine redundancy, or a small business did not follow the Small Business Fair Dismissal Code), take the eligibility quiz on the Commission's website, then lodge an unfair dismissal application online (fee A$92.70, which can be waived for hardship). Missing the 21-day deadline is very hard to fix. If you are eligible, the Commission's Workplace Advice Service offers free legal advice.
Bullying, sexual harassment and discrimination
Raise it first with your manager, HR, your union or a health and safety representative. If you are still employed, you can apply to the Fair Work Commission for a stop bullying order or to deal with a sexual harassment dispute. If you were treated differently because of your sex, race, age, disability or similar, you can complain to the Australian Human Rights Commission (resolved through conciliation) or your state's anti-discrimination body.
Visa holders who are being exploited
Being asked to pay for a job, hand back part of your wages or give up your passport, or being threatened with visa cancellation: you can report all of these to the Fair Work Ombudsman without your visa being cancelled. If you are worried that you have already breached a visa condition, look into the Department of Home Affairs' Strengthening Reporting Protections Pilot and Workplace Justice Visa Pilot. Fair Work can act as a certifying body and issue a workplace exploitation certificate. For the effect on your visa itself, talk to a registered migration agent or lawyer.

What documents do I need?

Employment contract, offer letter or any written agreement
Pay slips, bank deposit records and your own record of the dates and hours you worked
Rosters, and emails, text messages and chat messages with your employer
The dismissal notice or written reasons from your employer (if any)
Your written request to your employer and their reply

What should I watch out for?

The Fair Work Ombudsman is the enforcement and advice agency; the Fair Work Commission is the workplace tribunal. For unpaid or underpaid wages go to the Ombudsman; for unfair dismissal, bullying and sexual harassment disputes go to the Commission.
The 21 days run from the date of dismissal, and the Fair Work Commission will contact you within 7 days of receiving your application. If you are unsure, lodge the application first; do not wait.
The Fair Work Ombudsman does not investigate every case; it decides under its Compliance and Enforcement Policy. If it does not take your case, you cannot get the certificate needed for the visa pilots from it, so consider an accredited third party such as a union or community legal centre.
A small business (fewer than 15 employees) that dismisses someone by following the Small Business Fair Dismissal Code is treated as having dismissed fairly. To work out whether a business is small, regular casuals and employees of associated companies are all counted.
Pay slips and records of hours are the most important evidence. If your employer did not keep records or give pay slips, in some situations the employer has to prove to the court that you were not underpaid.
Even if you worked more hours than your visa allows, your employer must still pay you. Asking Fair Work for help will not lead to your visa being cancelled, but visa condition issues are dealt with separately by the Department of Home Affairs; talk to a registered migration agent if you are unsure.
Wages and medical costs for a work injury are covered by workers compensation insurance in your state. Claim through your state's workers compensation authority or your employer's insurer, not Fair Work.
This page is a plain-English summary of public information. Check the Fair Work Ombudsman, Fair Work Commission and Department of Home Affairs websites for your own situation. It is not immigration or legal advice. For complex cases, contact a union, a community legal centre or a lawyer.

What has changed recently?

2026-07-01
The Fair Work Commission application fee changed to A$92.70 (for 2026–27). The high income threshold changed to A$190,100, and the maximum compensation for unfair dismissal changed to A$95,050.Source: fairwork.gov.au ↗

Common questions

My employer hasn't paid my wages. Who do I complain to?

Talk to your employer first, then put your request in writing with what is owed and the amount. If that does not work, contact the Fair Work Ombudsman on 13 13 94 (for an interpreter, call 131 450 first) or ask a question through My account online. You can also lodge a small claim yourself in court to recover up to A$100,000, within 6 years of the breach.

I was fired without a reason. How do I appeal, and is there a time limit?

Yes, there is a strict time limit. You must apply to the Fair Work Commission within 21 days of the dismissal, and missing it is very hard to fix. Take the eligibility quiz on the Commission's website first: you need at least 6 months with the employer (12 months for a small business) and must be covered by an award or agreement or earn less than the high income threshold. The Fair Work Ombudsman does not handle unfair dismissal.

Does it cost money to complain to Fair Work? Do I need a lawyer?

The Fair Work Ombudsman's Dispute Assistance service is free. A Fair Work Commission application for unfair dismissal, general protections or stop bullying costs A$92.70 for 2026–27, and the fee can be waived if you are in serious financial hardship. You usually do not need a lawyer: in the small claims court both sides normally represent themselves, and the Commission's Workplace Advice Service offers free legal advice if you are eligible.

I'm on a student or work visa. My employer asked me to pay for the job and threatened to cancel my visa. Can I report this?

Yes. Making you pay money to get or keep a job (cashback) is illegal; report it to the Fair Work Ombudsman. Paying for visa sponsorship is also illegal; report it to the Department of Home Affairs. Your employer cannot cancel your visa, only Home Affairs can, and asking Fair Work for help will not get your visa cancelled. If you may have breached a visa condition, look into the Strengthening Reporting Protections Pilot and talk to a registered migration agent.

I left my job and my employer won't pay my final pay and unused annual leave. What can I do?

Your final pay must include wages for work done and unused annual leave, including annual leave loading. Most awards require it within 7 days of leaving; sick leave is not paid out. Send your employer a written request stating the amount and a deadline. If they still do not pay, contact the Fair Work Ombudsman on 13 13 94 or lodge a small claim in court for up to A$100,000 within 6 years.

I'm being bullied, sexually harassed or discriminated against at work. Who can help?

Raise it first with your manager, HR, your union or a health and safety representative. If you are still employed, you can apply to the Fair Work Commission for a stop bullying order or to deal with a sexual harassment dispute; the Fair Work Ombudsman also helps with workplace sexual harassment. For discrimination based on sex, race, age or disability, complain to the Australian Human Rights Commission or your state's anti-discrimination body.

I was injured at work. Who pays my wages and medical bills?

Claim through workers compensation insurance in your state or territory, not Fair Work. Contact your state's workers compensation authority or your employer's insurer. For example, NSW is the State Insurance Regulatory Authority, VIC is WorkSafe Victoria and QLD is WorkCover Queensland. Fair Work does not handle work injuries or workers compensation.

What is the difference between the Fair Work Ombudsman and the Fair Work Commission?

The Fair Work Ombudsman is the enforcement and advice agency: it handles unpaid or underpaid wages, pay rates, leave and final pay, on 13 13 94. The Fair Work Commission is the workplace tribunal: it handles unfair dismissal, stop bullying and sexual harassment applications, with a fee of A$92.70. Unfair dismissal claims go to the Commission within 21 days; the Ombudsman does not investigate them.

Answers are based on the verified content of this page — the official source always prevails.

Where can I check the official information?

Taking steps to fix a problemFair Work Ombudsman · fairwork.gov.au
Get our help with a workplace problemFair Work Ombudsman · fairwork.gov.au
About the small claims courtFair Work Ombudsman · fairwork.gov.au
Unfair dismissalFair Work Ombudsman · fairwork.gov.au
Fees and costsFair Work Commission · fwc.gov.au
Visa protections – pilot programsFair Work Ombudsman · fairwork.gov.au
Visa holders and migrantsFair Work Ombudsman · fairwork.gov.au
Bullying in the workplaceFair Work Ombudsman · fairwork.gov.au
Workers compensationFair Work Ombudsman · fairwork.gov.au
Final payFair Work Ombudsman · fairwork.gov.au

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The AI answers using this guide and official Australian government websites.

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