In June 2020, Victoria became the first state in Australia to introduce laws establishing criminal penalties for employers who deliberately underpay or do not pay their workers, known as ‘wage theft’.
The new laws state that employers who dishonestly withhold the wages, entitlements, or superannuation from their employees, will face fines for up to $198,264 for individuals and $991,320 for companies. Further, employers may also face up to 10 years’ jail.
These penalties will also apply for employers who falsify employee entitlement records such as payroll records, and employers who fail to keep employment records.
If your employer has withheld any of your pay, entitlements, superannuation contributions, or if you are an employer who wants legal advice in relation to change of the law and compliance with regulation, properly seek legal advice as soon as practicable.