Wage theft

From 1 January 2025, a new provision will come into effect under the Fair Work Act 2009 (Cth) which makes it a criminal offence if an employer fails to pay an amount to an employee when due (such as wages), where it is proved beyond reasonable doubt that the employer intentionally did so. The new legislation will also include provisions for the underpayment of superannuation.

There is also significant increases in civil penalties and lowering the bar for what constitutes a ‘serious contravention’ including where there has been ‘knowing or reckless’ contravention, instead of the previous threshold of knowledge.

Action

Very important to ensure that you are paying equal to above Award where applicable.