From 1 January 2025, wage theft officially became a criminal offence across Australia. Under the Closing Loopholes legislation, employers who deliberately underpay staff now face up to 10 years in prison and fines in the millions.
This is one of the most significant changes to workplace laws in recent years, and it affects all businesses no matter small or large.
What is Wage Theft Under the New Law?
Wage theft means an employer intentionally fails to pay staff their full legal entitlements by the due date. This covers:
- Ordinary wages and overtime
- Penalty rates and allowances
- Superannuation
- Any other entitlements under Modern Awards or Enterprise Agreements
The key word is intentional. Honest mistakes (like payroll system errors) are not criminal but they must still be corrected and may lead to civil penalties.
Who is Affected?
The criminal laws apply to all Australian employers.
- Individuals (directors, managers, executives) can face up to 10 years in jail and heavy fines.
- Companies face whichever is greater:
- Fines worth three times the underpayment amount, or
- Maximum penalties in the millions of dollars.
- Civil penalties also increased: businesses with 15+ employees can be fined up to $469,500 per breach for underpayment.
The Fair Work Ombudsman (FWO) investigates underpayment complaints, audits workplaces, and can issue compliance notices. Serious matters can be referred to the Commonwealth Director of Public Prosecutions (CDPP) for criminal prosecution.
Why Did Australia Criminalise Wage Theft?
The government acted after several high-profile underpayment scandals involving large retailers and hospitality chains some involving millions in unpaid wages.
The new laws aim to:
- Protect workers from being short-changed
- Stop businesses gaining unfair advantages by underpaying staff
- Restore public trust in Australia’s workplace relations system
When Did the Law Start?
The criminal offence of wage theft took effect on 1 January 2025, the same day the Voluntary Small Business Wage Compliance Code was introduced.
Small businesses that self-report and fix underpayment mistakes under this Code can avoid criminal prosecution — but deliberate underpayment is still a crime for everyone.
How Businesses Can Stay Compliant
To protect your business (and yourself), strong payroll processes are essential. Steps to take include:
- Run payroll audits to check for past errors
- Use automated payroll & HR systems that interpret awards correctly
- Track time and attendance accurately with reliable systems
- Train managers and payroll staff on Modern Awards and entitlements
- Keep detailed records of hours, rosters, contracts, and pay
Using a compliance-focused HR system like Workstem can make this easier by automating award calculations, managing rosters, and keeping accurate records.
How Workstem Simplifies Payroll Compliance
Simplify award interpretation and payroll processing with Workstem, the all-in-one workforce management & payroll software designed for every industry. Our system supports 122+ modern awards & 34 EAs, and keeps you up-to-date with changes in wage rates, penalty rates, and overtime rules.Workstem offers:
- Automated award interpretation
- Real-time wage calculations and timesheet syncing
- Employee self-service app for rosters and payslips
- Seamless integrations with Xero, NetSuite, and more
Choose from our Standard or Advanced plan to suit your business needs, and stay Fair Work compliant with confidence.
Book a free demo with our payroll experts and experience how Workstem can streamline your payroll and workforce operations.
FAQs About Payroll Compliance
Q1: Is wage theft the same as payroll mistakes?
A1: No. Wage theft is intentional. Honest mistakes must still be fixed, but won’t result in criminal charges if corrected quickly.
Q2: Can small businesses be charged?
A2: Yes. The law applies to everyone. But small businesses that self-report mistakes under the Wage Compliance Code are protected from criminal charges.
Q3: What’s the penalty for individuals?
A3: Up to 10 years in prison and/or heavy fines.
Q4: What if I make a genuine mistake?
A4: As long as you fix it promptly and can show good compliance practices, it won’t be treated as criminal.
Read More：
Australian Payroll Compliance 2025: Essential Guide for Employers
