Career
Underpayment and wage theft — how to spot it, how to report
Hospitality, retail and cleaning are the highest-risk sectors. The signs (cash, no payslips, flat rates, 'trial shifts'), how to calculate what you should be earning, and why your visa is protected if you report.
Published 17 May 2026 · Last reviewed 17 May 2026
This is unfortunately common. Hospitality, retail, cleaning, and convenience stores have been the highest-risk sectors. International students and 482 holders are the most-targeted groups.
The legal minimums
- Casual rate is hourly rate + 25%, paid for every hour you actually work.
- Penalty rates apply on weekends (some awards), public holidays (almost all awards — usually 2.5x), and late-night/early-morning shifts (varies).
- Superannuation is paid on top, at 12% from 1 July 2025.
- You should get a payslip within 1 working day of being paid, showing hours, gross pay, tax withheld, super contributed.
Signs of underpayment
- "Trial shifts" lasting more than an hour or two without pay (illegal — short trials can be unpaid, but not a full shift).
- Cash-in-hand with no payslips, no super, no tax withheld.
- Being paid the same flat rate on weekends and weeknights (penalty rates not applied).
- Being paid less than minimum wage with a "training rate" excuse beyond the legitimate trainee/apprentice arrangement.
- Pay packets going to the manager rather than directly to you.
What to do
- Calculate what you should be earning — use the Fair Work Pay and Conditions Tool: https://calculate.fairwork.gov.au/
- Keep your own records — hours worked, dates, rates.
- Approach your employer first if you feel safe doing so. Often it's a payroll error.
- Report to Fair Work Ombudsman if not resolved: 13 13 94 or online at https://www.fairwork.gov.au/. You can do this anonymously.
- For 482 visa holders: a Workplace Justice Visa pathway was introduced in 2024 to protect visa holders reporting workplace exploitation — see https://immi.homeaffairs.gov.au/
Your visa status is protected
- The Fair Work Ombudsman has an "Assurance Protocol" with Home Affairs — they will not share your visa breach with Home Affairs solely because you reported underpayment. The system explicitly protects whistleblowers.