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Recovering unpaid wages and entitlements

Frequently Asked Questions about recovering unpaid wages and entitlements.

  • Key issues

    Key issues

    • Are you employed by a NSW government agency, a local council, or a NSW state government owned corporation?
    • Are you covered by an award, agreement or other industrial instrument?
    • Do you have a written employment contract?
    • Do you have unpaid wages or entitlements?
    • Have you spoken to the Fair Work Ombudsman?
    • Is your employer bankrupt or in administration or liquidation?
    • When were your wages or entitlements due to be paid?
    • Have you started court​ action?

What can I​​​ do if I have been underpaid or not paid my entitlements?

If you believe you have been underpaid or not paid your correct wages or entitlements, you should check:

If you believe you are owed money by your employer, you can:

  • discuss the issue with ​your manager or supervisor, or your Human Resources section, if you have one
  • make a complaint to the Fair Work Ombudsman, if you are a national system employee. In some cases, the Fair Work Ombudsman can help you to recover the money you are owed. They also provide sample letters of ​demand that you can fill out and send to your employer, asking them to pay you the money you are owed.
  • apply to the Federal Circuit and Family Court of Australia. It is also possible to start a claim in the Chief Industrial Ma​​gistrate's Court, Local Court of NSW, or Federal Court of Australia.

​​For more information, see What if my entitlements are not paid? on the My problem is about section of our website.

You have six years from whe​n the money became owed to you to start court action against your employer. 

Before making a claim, you should get legal advice.

If your employer has been made bankrupt, or they have gone into liquidation or administration, you may have other options. For more information, see FAQ below When can I apply for the Fair Entitlements Guarantee?

Who can I apply to if I have a dispute with my employer about casual conversion?

If you need help to resolve a dispute with your employer about casual conversion, you will need to follow the process for dealing with disputes set out in:

  • your award or agreement, or
  • your employment contact, if you are not covered by an award or agreement.

If, after you have followed this process, you have not resolved your dispute with your employer, you may be able to apply to the Fair Work Commission to resolve the dispute

For more information, see:

How do I start legal action​ against my employer for unpaid wages and​/or entitlements?

Before you start legal action against your employer to recover unpaid wages and entitlements, you should:

  • try to r​esolve the issue with your employer directly
  • contact the Fair W​​ork Ombudsman, if you are a national system employee to see if they can assist you to recover what you are owed.

If you are not able to recover your wages and entitlements with the help of the Fair Work Ombudsman, you may need to start legal action against your employer to recover the money you are owed. 

There ​are various courts that have the power to decide disputes about unpaid wages and entitlements, including the:

  • Federal Circuit and Family Court of Australia (Fair Work Division)
  • Federal Court of Australia (Fair Work Division)
  • Chief Industrial Magistrates Court
  • Local Court of NSW.

You have six years from when the money​ became owed to you to start court action against your employer. 

For more information, see Starting a court case in What if my entitlements are not paid? on the My problem is about section of our website.  

Before making a claim, you should get legal advice. A lawyer can advise you which court to make your claim to.

Can I keep my employer's p​roperty if they owe me money?

If your employer owes you money you can't refuse to return your employer's property in response.

If you keep your employer's property without their agreement, they may take legal action against you to recover it.

If you want to recover unpaid wages and/or entitlements from your employer, you have other options. You should get legal advice.

What if my employer ha​s gone bankrupt or into liquidation?

When an employer is in financial difficulty they might decide to:

  • enter administration, if your employer is a company
  • go into liquidation and wind up the company, if your employer is a company
  • go bankrupt, if your employer is a sole trader.

It is often difficult to know which of these situations applies to your employer. 

The law can be complex. You should get legal advice about whether you can still bring legal action against your employer if they are bankrupt, in administration or liquidation.

If your employer is a:

  • ​company and is under the control of an administrator, receiver or liquidator, you can send your claim (details of what you are owed) to the administrator, receiver or liquidator
  • sole trader or partnership you can send your claim to the Australian Financial Security Authority (AFSA).

If you are told or believe your employer will not have enough funds or assets to pay you, you can consider applying for the Fair Entitlements Guarantee, if your employer went bankrupt on or after 5 December 2012.

For more information, see Fair Entitlements Guarantee on the Department of Employment and Workplace Relations website.

When can I apply for the Fair E​ntitlements Guarantee?

You can make an application under the Fair Entitlements Guarantee if your employment ended because your employer entered liquidation or bankruptcy on or after 5 December 2012 and you meet the eligibility requirement

For more information, see:

Last updated: February 2024