Australia’s Wage Theft Laws: What Employers Still Get Wrong

Payroll compliance in Australia is no longer a “tick-box” exercise. Wage theft is now a criminal offence, and errors that were once considered minor (e.g. misapplied awards, misclassified staff, or poor record-keeping) can cost a substantial amount in fines, backpay, and reputational damage. 

Even organisations with advanced payroll systems are not immune. The question every employer must ask themselves is “Could this be happening in my business right now?” 

When Small Errors Become Massive Risks 

Payroll errors aren’t always malicious, but regulators care about the outcomes, not just intent. A miscalculation repeated across a workforce for months or years can trigger civil and criminal penalties, and in some cases, board-level scrutiny. 

Consider a hospitality client we support. Their 17 – 19 year old staff regularly delivered alcohol to tables during weekend and dinner shifts. Payroll, however, applied standard junior rates based solely on age. Under clause 13.5 of the Restaurant Industry Award 2020, junior employees performing liquor service duties must be paid the full adult rate for the classification of work being performed, even if they are under 18. 

Over several years, this small oversight resulted in tens of thousands of dollars in underpayments. Remediation involved: 

• Backpay issued to all impacted staff, 

• Payroll system updated to flag liquor service duties, 

• Rostering and award interpretation training rolled out across all teams. 

  
  

Beyond the financial cost, this case illustrates a key compliance lesson, even small errors can expose a business to risks under the modern award for minimum rates, penalty rates, and overtime. Regulators focus on actual outcomes for employees, not just employer intent. 

Salaries Can Mask Significant Underpayments 

Salaries and flat hourly rates are convenient, they simplify payroll and make budgeting predictable. But they can hide underpayments when the assumptions behind them are wrong. 

Even large employers aren’t immune. In high-profile Federal Court cases, Woolworths and Coles, Australia’s two largest supermarket chains, were found to have systematically underpaid thousands of salaried employees under the General Retail Industry Award. 

How It Happened 

Both organisations relied on salaries for store managers and other salaried staff, assuming these salaries would cover ordinary hours, overtime, penalty rates, public holidays, allowances, and loadings.  

In practice, however, these assumptions didn’t match actual work patterns. Managers frequently worked late nights, early mornings, weekends, and public holidays, hours that were not properly included in their salary. 

A key factor was poor record-keeping. Timesheets and hours worked were not consistently documented, making underpayments invisible until regulatory intervention. 

The Fallout 

The consequences were substantial: 

• Backpay in the hundreds of millions of dollars was required 

• Payroll systems had to be reconfigured to accurately calculate entitlements 

• Public reporting highlighted governance and oversight gaps 

  
  

These cases revealed a critical lesson, relying solely on payroll systems and “set-it-and-forget-it” assumptions, without regular IR compliance, payroll auditing and HR oversight, exposes organisations to significant financial, legal, and reputational risk. 

Lesson for Employers: Salaries may seem simple, but without specialist support they can create hidden liabilities if hours, overtime, or penalty rates aren’t actively monitored. Even Australia’s largest employers have learned the hard way. Without robust oversight, what seems like convenience can quickly become a costly compliance disaster. 

Awards Are Not Guidance, They’re the Law 

Modern Awards set enforceable pay rates and conditions across hundreds of roles and industries. They are precise, detailed, and regularly updated. 

Yet many Australian businesses lack in-house industrial relations (IR) expertise, which creates serious compliance gaps. Common pitfalls include: 

• Treating awards as guidance rather than the law, assuming “close enough” is sufficient 

• Applying standard rates across roles without considering different classifications or responsibilities 

• Overlooking allowances triggered by unusual duties, broken shifts, or irregular work patterns 

• Failing to update pay and entitlements following Fair Work Commission decisions or award variations 

  
  

One client we support discovered that across three departments, the same award clause was interpreted differently, resulting in inconsistent pay for employees performing the same duties. The oversight was only uncovered during an independent audit, and remediation required backpay, system fixes, and formal HR training. 

Lesson for Employers: Without specialist IR expertise or robust oversight, even routine payroll assumptions can lead to significant underpayments and regulatory risk.  

Wage Theft Is Everyone’s Responsibility 

Australia’s wage theft laws have sharpened accountability. Company officers now have positive duties to ensure compliance. Payroll is no longer “just HR’s problem.” 

Business leaders should ask: 

• When was the last independent payroll audit? 

• Who verifies award interpretations? 

• What controls detect underpayments early? 

• Who owns compliance across operations? 

  
  

Delegation, assumptions, or relying solely on systems is not enough. Leadership oversight is non-negotiable. 

Practical Steps for Australian Employers 

To manage wage theft risk and compliance exposure, organisations should: 

1. Engage IR specialists to conduct independent payroll audits, especially after system updates or Fair Work changes 

2. Ensure clear ownership of award interpretation by qualified HR/IR experts 

3. Review payroll system configurations to confirm correct award application 

4. Provide ongoing training for HR, payroll, and management teams 

5. Implement board-level reporting for oversight and accountability 

   
   

Compliance is continuous, not a one-off project. 

Compliance as a Strategic Advantage 

Australia’s wage laws are complex, but organisations that embrace compliance gain more than risk mitigation. Accurate payroll builds trust, protects reputation, supports retention, and avoids costly remediation, but only if it’s underpinned by expert interpretation and oversight. 

Even subtle misinterpretations of awards, incorrect assumptions about salaries, or gaps in record-keeping can leave businesses exposed to financial, legal, and reputational risk. This is where IR and HR specialist expertise becomes invaluable, specialists help ensure award compliance, review payroll systems, interpret entitlements correctly, and implement governance processes that reduce exposure. 

The Takeaway! Errors may start small, but consequences can be massive. Specialist oversight are non-negotiable in today’s regulatory environment and having the right IR expertise ensures your business stays on the right side of the law while turning compliance into a strategic advantage.