Steps to making an underpayment complaint

If you believe you have been underpaid wages or leave entitlements under state employment laws you can follow the steps to make an underpayment complaint to Private Sector Labour Relations industrial inspectors.

Private Sector Labour Relations may be able to assist:

• employees in the state industrial relations system with underpayments of:
  • WA award pay rates and leave entitlements;
  • minimum pay rates and leave entitlements under the Minimum Conditions of Employment Act; and
• employees in both the state and national industrial relations systems with underpayment of a long service leave entitlement under the WA Long Service Leave Act.

National system employees who need help with underpayment of pay rates, leave (except long service leave) or other employment entitlements should contact the Fair Work Ombudsman.

To make a claim for pay rates above the award or minimum rates or other benefits under an employment contract, you may be able to make a Contractual Benefits Claim to the Western Australian Industrial Relations Commission. The Commission can deal with contractual benefits claims for employees in both the state system and the national system.

The Taking a claim to the Industrial Magistrates Court (PDF, 532.2KB) can assist you to independently make a claim to the Industrial Magistrates Court for unpaid entitlements under state employment laws, WA awards and state industrial agreements.

Make an anonymous report about wage theft

Anonymously report the deliberate underpayment of wages or entitlements to the relevant government department. 

The report wage theft form provides information to industrial inspectors but will not result in specific action being taken in relation to an individual’s underpayment claim. 

To resolve an underpayment of wages or leave, follow the steps for making an underpayment complaint.

Reporting wage theft in Western Australia