My Employer Does Not Pay Me: What Are My Legal Rights in Brisbane, Queensland?

Finding out that your employer does not pay your wages, superannuation, or other entitlements on time is more than just frustrating; it can be unlawful and, in some cases, criminal. Whether you’re in Brisbane, the Gold Coast, or the Sunshine Coast, Queensland and federal law give you several pathways to recover what you’re owed.

This guide walks through exactly what to do when an employer does not pay you correctly, what the law actually says, and when it’s time to bring in an experienced litigation team like Aylward Game Solicitors.

What Does It Mean When an Employer Does Not Pay You?

When people search for help because an employer does not pay them, they’re usually describing one of these situations:

• Wages paid late, short, or not at all
• Incorrect award rates, overtime, or penalty rates
• Unpaid annual leave, long service leave, or redundancy pay
• Unpaid or underpaid superannuation guarantee contributions
• A final pay packet that never arrives after resignation or termination

Some of this is a genuine payroll error. Some of it is deliberate. Queensland law now treats the second category of intentional non-payment as wage theft, and the consequences for employers have become significantly more serious in recent years.

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Is It Illegal If Your Employer Does Not Pay You?

Yes. Several overlapping laws protect Queensland workers when an employer does not pay correctly.

1. Fair Work Act 2009 (Cth): The National Employment Standards (NES) set the legal minimum entitlements every employee is owed, including minimum wages, leave, and notice periods. An employer who fails to meet these is in breach of a civil remedy provision and can be ordered to back-pay the shortfall, plus penalties.
2. The Superannuation Guarantee (Administration) Act 1992 (Cth): If an employer fails to make the required superannuation contributions on time or in full, they may be required to pay a statutory charge to the national tax authority, which can then arrange for the outstanding amount and applicable interest to be credited to the employee’s superannuation account.
3. Section 327A of the Fair Work Act 2009 (Cth): From 1 January 2025, intentionally underpaying an employee became a federal criminal offence. This change, introduced by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, means an employer who knowingly fails to pay wages, leave, or super can face fines running into the millions of dollars, and individuals risk up to 10 years’ imprisonment. Genuine payroll mistakes are excluded; the law targets deliberate non-payment.
4. Queensland’s own wage theft laws: Queensland was the first state in Australia to criminalise wage theft.  In 2020, a Queensland law addressing wage theft amended the Criminal Code Act 1899 (Qld) by introducing section 391(6A), which classifies an employer’s fraudulent failure to pay wages or superannuation as theft.
5. The Industrial Relations Act 2016 (Qld): This Act created a faster, lower-cost path for Queensland workers to recover unpaid wages through the Industrial Magistrates Court, for claims up to $20,000, with conciliation available through the Queensland Industrial Relations Commission before the matter is heard.

Together, this means an employer who does not pay an employee correctly in Queensland isn’t just risking a strongly worded letter; they’re risking civil penalties, court orders, and, where the non-payment is intentional, criminal prosecution.

What to Do When Your Employer Does Not Pay You

If you’re dealing with unpaid wages in Queensland, take these steps in order.

Step 1: Check Your Entitlements

Before raising anything, confirm what you’re actually owed. Review your employment contract, the relevant award or enterprise agreement, and the NES. Gather payslips, bank statements, and your contract; these will serve as evidence if the matter escalates.

Step 2: Speak to Your Employer First

Most underpayments start as administrative errors, not theft. Raise the issue calmly, in writing if possible, and ask your employer to explain how your pay was calculated. Keep a copy of everything.

Step 3: Send a Letter of Demand

If informal conversation doesn’t resolve it, the next step is a formal letter of demand for unpaid wages. This is a written notice setting out exactly what you’re owed, by when, and what action will follow if payment isn’t made. A properly drafted letter of demand, ideally prepared or reviewed by a lawyer, carries far more weight than an email and demonstrates to a court (if it comes to that) that you tried to resolve the matter first.

Step 4: Lodge a Complaint

• For unpaid wages, leave, or other NES entitlements, employees may report the matter to the national workplace relations regulator, which can investigate the issue, facilitate dispute resolution, and, where appropriate, commence legal proceedings.
• For unpaid superannuation specifically, you can report your employer directly to the Australian Taxation Office, which can pursue the Superannuation Guarantee Charge.

Step 5: Take Legal Action

If your employer still does not pay after a letter of demand and a regulator complaint, your remaining options include:

• The Industrial Magistrates Court of Queensland, for claims up to $20,000, uses the simplified wage recovery process
• The Federal Circuit and Family Court of Australia, which can hear larger claims and has a small claims procedure for amounts up to $20,000
• Reporting the conduct as potential wage theft, where intentional non-payment may warrant referral for criminal investigation

You generally have six years from the date the money became owing to start legal action for unpaid wages or entitlements, so don’t assume too much time has passed to act.

What If Your Employer Can’t Pay Not Won’t?

Sometimes an employer genuinely doesn’t have the funds. If your employer has gone into liquidation, administration, or bankruptcy, you may still be able to recover unpaid wages, redundancy pay, and leave entitlements (though not unpaid superannuation) through the federal Fair Entitlements Guarantee (FEG) scheme. You have 12 months from your dismissal, or your employer’s insolvency, to lodge a claim, so getting advice quickly matters.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

How Aylward Game Solicitors Can Help

Recovering money you’re legally owed is, at its core, a dispute, and that’s exactly where Aylward Game Solicitors litigation and dispute resolution practice comes in.

Founding partner Mark Game is an Accredited Specialist who is formally admitted as a legal practitioner by the Supreme Court of Queensland and the High Court of Australia, and is a current member of the Queensland Law Society.

His background across litigation, commercial and business law, banking and finance, and dispute resolution means he understands both sides of a non-payment dispute, what regulators expect, what courts require as evidence, and how to apply commercial pressure to get a matter resolved without unnecessary delay. Our employment law team works alongside our litigation practice to handle the full spectrum of workplace disputes, from underpayment claims to unfair dismissal. 

When your employer does not pay you what you’re owed, our Brisbane, Gold Coast, and Sunshine Coast team can:

• Review your contract, payslips, and award entitlements to confirm exactly what’s owed
• Draft and issue a formal letter of demand on your behalf
• Advise on the right forum: Fair Work Ombudsman, ATO, Industrial Magistrates Court, or Federal Circuit Court
• Represent you through conciliation or court proceedings to recover unpaid wages or superannuation

You don’t need to navigate the Fair Work Act, the Criminal Code, or the Industrial Relations Act alone. Call Aylward Game Solicitors today on 07 3236 0001 to speak with our team about your unpaid wages or superannuation matter.

Frequently Asked Questions

What does it mean when an employer does not pay an employee?

It means your employer has failed to provide wages, leave, superannuation, or other legal entitlements owed under your contract, award, or the National Employment Standards. This can be accidental or, in serious cases, deliberate wage theft.

Is it illegal in Queensland if my employer does not pay my wages?

Yes. Underpaying wages breaches the Fair Work Act 2009 (Cth), and deliberate non-payment can also breach Queensland’s Criminal Code, which treats intentional wage theft as a form of stealing punishable by up to 10 years’ imprisonment.

What is wage theft under Queensland law?

Wage theft is the deliberate, fraudulent failure to pay an employee’s wages or superannuation. Queensland’s Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020 made this a criminal offence, separate from civil underpayment claims.

How long do I have to claim unpaid wages in Australia?

You generally have six years from the date the wages became payable to start legal action. Claims through the Fair Entitlements Guarantee scheme for an insolvent employer must be lodged within 12 months of dismissal or insolvency.

What should I do if my employer does not pay me?

Confirm your correct entitlements, then raise the issue with your employer in writing. Keep records of payslips and conversations before escalating to a letter of demand, the Fair Work Ombudsman, or legal action.

Can I claim unpaid superannuation from my employer?

Yes. You can report unpaid superannuation to the Australian Taxation Office, which can pursue the Superannuation Guarantee Charge from your employer and pay the missing contributions, plus interest, into your fund.

What happens if my employer becomes insolvent and does not pay me?

You may still recover unpaid wages, leave, and redundancy pay through the Fair Entitlements Guarantee scheme, though unpaid superannuation isn’t covered. You must lodge a claim within 12 months of dismissal or insolvency.

How much can I claim through the Industrial Magistrates Court?

The Industrial Magistrates Court of Queensland can hear wage recovery claims up to $20,000 through a simplified, lower-cost process, with conciliation available before the matter proceeds to a hearing.

Who can help me recover unpaid wages in Brisbane?

An employment and litigation lawyer can review your entitlements, draft a letter of demand, and represent you before the Fair Work Ombudsman or court. Aylward Game Solicitors’ Brisbane, Gold Coast, and Sunshine Coast team handles these disputes directly. Get in touch to discuss your matter. 

Can my employer be criminally charged for failing to pay me?

Yes, if the non-payment is intentional. Since 1 January 2025, deliberate underpayment is a federal criminal offence under the Fair Work Act, and Queensland’s Criminal Code already treats intentional wage theft as stealing, carrying penalties of up to 10 years’ imprisonment.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

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