As of 1 January 2025, wage theft can now lead to criminal liability under the Fair Work Act 2009 (Cth).
What employers need to know:
Criminal offence: Failure to pay wages owed under awards, agreements, or Fair Work Act orders intentionally.
Civil liability: Non-intentional underpayment still carries penalties.
Stay compliant with the new laws:
The Fair Work Ombudsman’s Voluntary Small Business Wage Compliance Code provides crucial guidance to avoid criminal prosecution.
Steps to avoid underpayment:
• Understand applicable awards and agreements.
• Verify employee roles, classifications, and pay rates.
• Seek expert advice when needed.
• Keep up with changes to legislation and employee circumstances.
Mistakes happen, SPG Lawyers are able to advise how to reduce prosecution risks!
Want ongoing support? Contact our Partner Tony O’Connor for further information on ensuring your business is compliant with all new legislation.
