11 February 2025
The new ‘wage theft’ legislation came into effect on 1 January 2025 criminalizing the intentional underpayment of employee wages and entitlements.
- Criminal Offense: deliberately underpaying employees is now a criminal act.
- Penalties: Prosecution leading to a criminal conviction can result in maximum penalties of:
- for individuals:
- a term of imprisonment not more than 10 years and/or:
- if the underpayment amount can be calculated: the greater of 3 times the underpayment amount and $1.65 million.
- for corporate or commonwealth entities:
- if the underpayment amount can be calculated: the greater of 3 times the underpayment amount and $8.25 million; or
- if the underpayment amount cannot be calculated: $8.25 million
- for individuals:
Recognizing the challenges small businesses may face, the government has introduced the Voluntary Small Business Wage Compliance Code.
Where the Fair Work Ombudsman is satisfied that a small business has complied with the code, they are unable to refer the business for criminal prosecution.
Employers should make sure that they are up to date with the ‘wage theft’ rules to ensure that they remain compliant. In particular, small business employers should take steps to ensure that they are complying with the code as an effective means of protecting themselves against prosecution.
If you would like to learn more about the ‘wage theft’ rules and the new code, get in touch.
Sky Accountants Ballarat
Phone: 03 5332 8855
Office Address: 902 Howitt Street, Wendouree, Victoria 3355, Australia
Postal Address: PO Box 2234, Bakery Hill, Victoria 3354
Sky Accountants Gisborne & Macedon Ranges
Phone: 03 5428 1400
Office Address: 45 Hamilton Street, Gisborne, Victoria 3437, Australia
Postal Address: PO Box 270 Gisborne Victoria 3437
Sky Accountants Kilmore
Phone: 03 5782 2299
Office Address: 74B Sydney Street, Kilmore, Victoria 3764, Australia
Postal Address: PO Box 190 Kilmore Victoria 3764
Sky Accountants Bacchus Marsh
Phone: 03 4310 8000
Office Address: 66 Grant Street, Bacchus Marsh, Victoria 3340, Australia
Postal Address: 66 Grant Street, Bacchus Marsh, Victoria 3340, Australia