Are you being paid correctly? How to identify underpayments and what to do about them

With many members across the public and private sectors due for a pay rise between May and July, it is important that you know what you should be getting paid, and how to rectify if you discover an underpayment.

Upcoming pay rises for major workplaces

Even if you are not due a pay rise in the coming months, it is worth following the steps below to check you are being paid correctly. ANMF has assisted many members to win backpay – often a significant amount – due to queries about entitlements or allowances.

It is also worth noting that since 2025, changes resulting from the federal government’s Closing the Loopholes legislation have made wage theft, including underpayment, a criminal offence. Penalties can involve fines of up to $8.25 million or jail for up to 10 years.

To attract a criminal penalty it must be proved that the wage theft is intentional. There is potentially scope to argue that an ongoing underpayment due to delayed or incorrect rectification may be regarded as intentional.

If, after checking your payslip, you suspect you have been underpaid you should write to payroll immediately, outlining the discrepancy, the duration of the issue, and attach evidence. Make sure you copy in your manager.

If your pay is not corrected in a timely manner, submit an online enquiry through the ANMF Member Assistance portal.

How do I check my payslip?

ANMF recommends you carefully check your payslip in the first full pay period on or after (FFPPOOA) the relevant date listed above to make sure your new rates have been applied correctly.

Payslips must be given to employees within one working day of pay day, even if an employee is on leave. They can be hard copy or electronic.

Compare payslips from before and after the pay rise date. Also compare them against your specific Enterprise Agreement (EBA) or Award – you can find yours in the ANMF Member Portal under ‘EBAs and pay rates’.

We recommend cross-referencing your classification, grade and increment, and reviewing any relevant allowances.

What if I discovered an underpayment?

In the public sector, you should receive all your wages, penalties and allowances for the pay period in the following fortnight’s pay.

Where an underpayment of wages occurs because your employer has made an error, involving 2.5 per cent or more of your after-tax weekly wage, you must notify your employer, request an offline payment, and your employer must rectify the payment within 24 hours.

The email should identify you, the pay period the underpayment relates to, and with as much details as possible, identify the exact underpayment/s.

Except in cases of hardship, amounts less than 2.5 per cent will be processed in your next pay period. Where you notify your employer of hardship in respect of an amount owing less than 2.5 per cent, your employer should make its best endeavours to make the payment owing as soon as possible.

Your employer will notify you of the adjustment being processed and provide the date of payment and any payment identification details.

The timeframes to resolve an underpayment issue may be longer where:

• you and your employer are in genuine dispute as to whether the monies are owed to you
• the underpayment is the result of an error by you
• the reason for the underpayment is an unforeseen event or circumstance outside the control of the employer, frustrating their ability to meet the requirements of this clause.

What if my employer does not comply?

If your employer does not comply with the above, that could put them in breach of the EBA. Under the Fair Work Act 2009 (Cth), contravening an EBA can result in orders for compensation and pecuniary penalty orders.

If you carefully follow the EBA dispute resolution procedure, ANMF can approach your employer as your representative, and if unresolved make an application to the Fair Work Commission. If the Commission makes orders regarding your underpayment, failure to comply with those orders can result in further penalties against the employer. But is also means that your employer is in the Commission, and unlikely to expose themselves to further penalties, and will quickly rectify the underpayment.

If you feel this step is required, we encourage you to contact the ANMF Member Assistance team as soon as possible for advice.

What if my employment has ended and I am still owed money?

If your employer terminates you with notice, payment of all wages and other monies owing to you will be made to you on or before your final day of work.

When you give notice of termination of employment, payment of all wages and other monies owing to you will be made as soon as practicable but not later than the ordinary pay day following the end of employment.

If this payment does not rectify any underpayment concerns, you should make a member assistance inquiry via our online form.