Why Choose Our Sydney Underpayment Lawyers?
Sydney-Specific Expertise
Our legal team specialises in NSW employment law and Sydney-specific workplace issues:
- Deep knowledge of NSW award rates and industry standards
- Experience with Sydney-based employers across all major industries
- Understanding of local Fair Work Commission procedures and timelines
- Proven track record with Sydney metro and regional cases
Sydney Case Success Stories
- CBD Hospitality Worker: Recovered $28,500 in unpaid penalty rates
- Western Sydney Manufacturing: $42,000 award underpayment recovery
- Northern Beaches Retail: $15,200 unpaid overtime + penalties
- Parramatta Construction: $67,800 sham contracting claim success
Free Consultation: What to Expect
What We Cover in Your Free Consultation
- Case assessment: Initial evaluation of your underpayment claim
- Document review: Analysis of your payslips, contracts, and records
- Award interpretation: Identify correct classification and entitlements
- Claim valuation: Estimate potential recovery amount
- Strategy discussion: Outline legal options and recommended approach
How to Prepare for Your Consultation
Bring These Documents:
- Employment contracts and agreements
- Payslips (last 12+ months)
- Timesheets or work diaries
- Bank statements showing payments
- Communication with employer about pay
- Rosters and shift schedules
Immediate Next Steps After Consultation
- Clear advice on your legal position
- Realistic expectations about timelines and outcomes
- No obligation to proceed if you choose not to
- Referral options if we can’t help with your specific case
No Win No Fee Explained
How No Win No Fee Works in Sydney
You Pay Nothing If We Don’t Win:
- No upfront legal fees
- No ongoing billable hours
- No hidden costs
- Fees only payable from successful recovery
Our No Win No Fee Structure
| Service Phase | Cost to You | Payment Timing |
| Initial Consultation | Free | Immediately |
| Case Investigation | $0 | No win – no cost |
| Legal Proceedings | $0 | No win – no cost |
| Successful Recovery | Percentage of recovery | Only after money received |
Typical Success Fees
- Standard cases: 15-25% of recovered amount
- Complex litigation: 25-33% of recovered amount
- All fees disclosed upfront – no surprises
- Competitive rates compared to other Sydney firms
How Workstem Prevents Unpaid Wages
Automated Compliance Solutions
Simplify award interpretation and payroll processing with Workstem, the all-in-one workforce management & payroll software designed for every industry.
Our payroll compliance system ensures:
- Award Interpretation: Automatic application of correct rates
- Real-time Calculations: Accurate overtime and penalty calculations
- Record Keeping: Digital audit trails for 7+ years
- Compliance Alerts: Proactive notification of potential underpayments
Employer Benefits
- 99.8% payroll accuracy rate
- Zero wage theft penalties for compliant clients
- 75% reduction in payroll processing time
- Automated Fair Work reporting
Choose from our Standard or Advanced plan to suit your business needs, and stay Fair Work compliant with confidence.
Underpayment Q&A: Your Top Questions Answered
Q1: What’s the difference between underpayment and wage theft?
A: Underpayment refers to any instance where employees receive less than their entitled wages, whether intentional or accidental. Wage theft specifically refers to deliberate, intentional underpayment of employees’ entitlements. Since 2024, intentional wage theft can result in criminal penalties including significant fines and even imprisonment in some states.
Q2: Can I claim unpaid wages if I was paid cash-in-hand?
A: Yes, cash payments don’t remove your entitlement to proper wages. You can still make a claim, though it may be more challenging without formal records. Evidence can include bank statements showing regular cash deposits, text messages discussing hours or pay, witness statements from coworkers, or your own detailed records of hours worked.
Q3: What if I signed a contract agreeing to lower rates than the award?
A: Any contract term that provides less than the minimum award or legal entitlements is void and unenforceable. Even if you signed such a contract, you’re still entitled to be paid according to the relevant award or agreement. Employers cannot contract out of their legal obligations.
Q4: How far back can I claim unpaid superannuation?
A: Unlike other wage claims, there’s generally no time limit for claiming unpaid superannuation. You can go back to when the super was first owed, though practical limitations may apply. The ATO can help recover unpaid super going back multiple years.
Q5: What happens if my employer disputes my hours or classification?
A: If your employer disputes your claims, the burden of proof often shifts to them to provide evidence. Employers are legally required to keep accurate time and wages records. If they cannot produce these records, Fair Work may accept your reasonable estimates of hours worked.
Q6: Can I claim for unpaid wages if I’m no longer employed there?
A: Yes, former employees have the same rights to claim unpaid wages as current employees. The process is identical, and time limits still apply (generally 6 years). Many wage claims are actually made by former employees.
Q7: What if I was classified as a contractor but believe I was actually an employee?
A: This is common. If you were really an employee misclassified as a contractor, you can claim all employee entitlements including minimum wages, leave, and superannuation. The Fair Work Ombudsman uses a multi-factor test to determine your true employment status.
Q8: Are there protections against being victimized for making a claim?
A: Yes, the Fair Work Act provides strong protections against adverse action (including dismissal, discrimination, or threats) for exercising workplace rights. If you experience victimization for making a wage claim, you may have additional legal claims against your employer.
Q9: What if my employer says they can’t afford to pay what they owe?
A: Financial difficulty doesn’t remove the legal obligation to pay owed wages. Options include: payment plans (get this in writing), Fair Work enforcement action, or if the company becomes insolvent, claiming through the Fair Work Entitlements Guarantee scheme.
Book a free demo with our payroll experts and experience how Workstem can streamline your payroll and workforce operations.
Read More:
2025 Cleaning Services Pay Calculator: Avoid Underpayment Risks
Avoiding Underpayments: Tackling the complexities of the SCHADS Award
Underpayment Is Now a Crime: Protect Your Business with Workstem
