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Complain to the Fair Work Ombudsman

Information about how to complain to the Fair Work Ombudsman (FWO) about unpaid entitlements.

Eligibility

The FWO help with complaints about minimum entitlements under the Fair Work Act, an award or enterprise agreement. This includes complaints about:

  • underpayment of wages
  • pay rates
  • leave entitlements
  • notice of termination
  • redundancy
  • general employment conditions
  • breaches of the National Employment Standards.

If it has been more than six years since your entitlement was owed, you should get legal advice. You can still complain to the FWO, but there is a limit on what action the FWO can take. 

The FWO can’t deal with complaints about:

  • tax and superannuation
  • bullying
  • work health and safety laws
  • unfair dismissal
  • employment separation certificates
  • workers compensation.

How to complain

To make a complaint, you need to complete the online form on the Feedback page of the FWO website.

If, after contacting the FWO, you can reach an agreement with your employer you can avoid the expense and stress of going to court.

To find out more about asking the FWO for assistance, go to the Resolving disputes with our help page on the FWO website.

Confidentiality

The FWO will usually tell your employer your name and what the complaint is about. The FWO will normally give any documents they get from you to your employer. The FWO will also give you any documents they receive from your employer.

If you do not want your employer to know that it was you who made the complaint you can ask that the FWO keep your identity confidential (secret). They are more likely to agree to this if you are still working for your employer or there are exceptional circumstances, for example a threat to your safety.

If the FWO later decides that there is a good reason to reveal your identity to your employer, they will talk to you first.  If you still don't want your identity revealed, the FWO may decide not to continue the investigation.

Mediation

When you request assistance, the FWO will contact you to explain the complaints process, give you advice on your request and try to help you resolve the issue with your employer.

As part of the complaints process, the FWO may arrange mediation between you and your employer. Mediation is an informal way of resolving your complaint with your employer. It is a free and voluntary process.

For more information on the mediation process, go to Working with you to resolve workplace issues page on the FWO website.

Investigation

The FWO does not investigate every complaint. It may investigate the complaint if it involves:

  • very serious issues
  • widespread issues
  • issues in the public interest
  • vulnerable people.

During an investigation, the FWO will collect evidence to determine whether your employer has breached the law. If necessary, the FWO can apply to the Administrative Review Tribunal for a notice that requires a person or business to provide the FWO with information or documents, or attend an interview to answer questions. There are penalties for not complying with a FWO notice. 

The decision

After the FWO has completed its investigation, it may decide to:

  • take no further action
  • give your employer a Contravention letter – this tells your employer what law(s) they have broken and how to resolve the issue
  • give your employer a Letter of caution – this is a formal warning that your employer has broken the law
  • give your employer a compliance notice
  • give your employer a fine for breaching the law regarding record-keeping or pay slips
  • sign a compliance partnership with your employer
  • refer you to the Small Claims Division in the Federal Circuit and Family Court of Australia
  • ask your employer to sign an enforceable undertaking
  • take your employer to court for a breach of workplace laws.

The FWO will take no further action if:

  • there is insufficient evidence to prove a breach of workplace law
  • the business has closed down
  • your employer can’t be found.

For more information about what might happen if your complaint is investigated, go to the Workplace investigations page on the FWO website.

Request a review

After receiving your complaint, the FWO may make a decision you don't agree with, such as a decision not to investigate your complaint or to take no further action after an investigation.

If you don’t agree with the decision, you can:

  • ask the FWO to review their decision, or
  • start a court case.

To request a review, you need to complete the online form on the Feedback page on the Fair Work Ombudsman website.

Start a court case

If you are unhappy with the decision of the FWO, you may be able to apply to the Federal Circuit and Family Court of Australia.

You can claim up to $100,000 in unpaid wages and entitlements. If your unpaid wages or entitlements total $20,000 or less, you can use the court’s small claims process.

Before you apply to the court, you should get legal advice.

For more information, see Going to the Federal Circuit and Family Court.