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Wage Theft
Wage theft Queensland
In August 2020, Queensland introduced laws criminalising wage theft. Under these laws, an employer who deliberately fails to pay an employee their lawful entitlements may be committing an offence under the Criminal Code.
Wage theft is treated as a form of theft, where amounts owed to an employee are intentionally withheld. Offences may carry significant penalties, including terms of imprisonment.
What is wage theft?
Wage theft can take many forms. It may occur where an employer deliberately underpays wages, withholds entitlements such as leave or penalty rates, or fails to make required superannuation contributions.
What are your rights?
Queensland and Commonwealth laws protect employee entitlements and workplace rights.
These include:- Minimum rates of pay
- National Employment Standards
- Superannuation entitlements
Employers are required to provide employees with a Fair Work Information Statement at the commencement of employment. This document outlines key employment rights and entitlements.
Wage theft in Queensland as a criminal offence
Under section 391 of the Criminal Code (Qld), intentionally failing to pay employee entitlements may constitute an offence.
This includes:
- Failing to pay for all hours worked or underpaying agreed wages
- Failing to pay penalty rates or overtime entitlements
- Making unauthorised deductions from wages
- Failing to make required superannuation contributions
- Withholding leave or other statutory entitlements11
- Misrepresenting employment arrangements to avoid payment obligations
How these laws apply to company directors and officers depends on the circumstances. However, the introduction of these laws increases the potential for personal liability in certain cases, including where a business is insolvent.
The legislation applies to a broad range of employee entitlements, including wages, superannuation and other statutory obligations.
Contact QBM Lawyers
For enquiries relating to wage theft matters, please contact us on +61 755 74 0111 or admin@qbmlaw.com.au.
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Are you a victim of wage theft? Speak With an Experienced Queensland Employment Lawyer Today
Whether you are an employee whose entitlements have been withheld or an employer facing a wage theft claim, QBM Lawyers can assess your position and advise on your options.
(07) 5574 0111 | admin@qbmlaw.com.au | Mon – Fri, 08:30 – 17:00
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Frequently Asked Questions
Wage theft occurs where an employer deliberately fails to pay an employee their lawful entitlements, such as wages, superannuation or leave. In Queensland, this conduct may constitute a criminal offence.
This can include underpaying wages, failing to pay overtime or penalty rates, making unauthorised deductions, or withholding superannuation and leave entitlements.
Yes, wage theft under the Criminal Code requires intentional conduct. This means the failure to pay entitlements must be deliberate rather than accidental.
In some circumstances, company directors and officers may face personal liability, particularly where they are involved in or aware of the conduct, including in insolvency situations.
You should seek legal advice promptly and gather relevant records such as payslips, employment contracts and correspondence. Early advice can help assess your position and the available options.
Frequently Asked Questions
Wage theft occurs where an employer deliberately fails to pay an employee their lawful entitlements, such as wages, superannuation or leave. In Queensland, this conduct may constitute a criminal offence.
This can include underpaying wages, failing to pay overtime or penalty rates, making unauthorised deductions, or withholding superannuation and leave entitlements.
Yes, wage theft under the Criminal Code requires intentional conduct. This means the failure to pay entitlements must be deliberate rather than accidental.
In some circumstances, company directors and officers may face personal liability, particularly where they are involved in or aware of the conduct, including in insolvency situations.
You should seek legal advice promptly and gather relevant records such as payslips, employment contracts and correspondence. Early advice can help assess your position and the available options.
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©2024 QBM Lawyers. All Rights Reserved
For over 40 years, QBM Lawyers has delivered effective legal solutions for clients across the Gold Coast.
We understand our clients’ goals, recognise the challenges they face, and provide clear, practical advice to support their commercial objectives.
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- PO Box 6344, Gold Coast Mail Centre, Bundall QLD 9726
- Level 5, Evandale Place, 142 Bundall Road, Bundall, QLD, Australia
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- Building and Construction Litigation
- Gold Coast Building Lawyers
- Excluded Individual/Licence Cancellation
Liability limited by a scheme approved under Professional Standards Legislation.
©2024 QBM Lawyers. All Rights Reserved
- Building and Construction Litigation
- Gold Coast Building Lawyers
- Excluded Individual/Licence Cancellation
Liability limited by a scheme approved under Professional Standards Legislation.
©2024 QBM Lawyers. All Rights Reserved