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John Melis, Expert
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You may have a claim.
Where an underpayment of wages or entitlements occurs, you may raise a claim with Fair Work.
Fair Work will contact the employer and commence an investigation.
Where underpayment has occurred, Fair Work will issue an order to the employer to settle the payments due.
The employer will face penalties under the Act for failure to pay the proper wages.
You may raise proceedings in the Federal Circuit Court for compensation.
The Federal Circuit Court is the proper legal jurisdiction to hear disputes on underpayment of wages.
You may raise a claim for underpayment of super with the ATO on their website.
Breaches of the legislation for underpayment of wages attract penalties. There are fines of $63,000 for companies and $12,600 per individuals.
Where the company or individual acted deliberately, then penalties can be ten times the legislated amount.
Company directors or managers will be held accountable.
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