Pay employees in accordance with the applicable modern award

Apply the correct modern award rates, penalties, allowances, and overtime — wage theft is now criminal.

criticalcurrentongoingCriminal liability

Who must comply

All national-system employers (most private-sector employers).

What triggers it

Employing staff covered by a modern award.

When due

Each pay cycle, ongoing.

Evidence required

Time records, payslips matching award calculations, classification documentation.

Max penalty

Civil penalty up to $93,900 per breach (individuals) or $469,500 (corporations); criminal wage theft up to 10 years prison + 3× benefit

Summary

Employers must apply the correct modern award (or enterprise agreement) covering each employee, including minimum rates, penalty rates, overtime, allowances, and casual loading. From 1 January 2025, intentional underpayment is a criminal offence under the Fair Work Act, carrying up to 10 years imprisonment for individuals and 3× benefit penalties for corporations.

Enforced by

Source legislation

Topics

wagesawardswage-theft

Source: https://fairwork.gov.au/pay-and-wages. Rules Mate is not a law firm. Always verify against the live regulator source before acting.