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Our services
Process
Our process begins with a detailed forensic analysis of your employment records, payslips, and relevant awards or enterprise agreements to identify discrepancies. We apply the precise calculations mandated by the Fair Work Act 2009 and modern awards, which often involve complex overtime rates, penalty rates, and allowance entitlements. Our team, including accredited specialists in employment law, then prepares and lodges formal claims with the appropriate body, such as the Fair Work Commission, seeking orders for payment plus interest. We typically aim to have a claim formally lodged within 10 business days of instruction to protect your position, leveraging our systematic review of time and wage records.
Local Considerations — Australia
The application of wage laws can vary significantly across Australia's states and territories, particularly regarding long service leave and certain state-based awards. Industries with high demand for wage claim services include the mining sector in Western Australia, construction in New South Wales and Victoria, and hospitality nationwide, where shift work and overtime are common. Our national practice is structured to navigate these regional nuances, with lawyers experienced in both federal and relevant state jurisdictions. We provide consistent, expert representation for workers in major hubs like Sydney, Melbourne, and Perth, ensuring local industrial instruments are correctly applied to secure your entitlements.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Claim Preparation Time | 5-10 business days |
| Common Claim Value Range | $2,000 - $50,000+ |
| Key Governing Legislation | Fair Work Act 2009 |
| Primary Lodgement Body | Fair Work Commission |
Standards & Compliance
- Fair Work Act 2009
- Relevant Modern Award
- National Employment Standards (NES)
- Fair Work Regulations 2009
Request a Quote
Our team reviews your project and issues an initial report at no cost.
Or write us directly at info@employmentlawyer24.com
Frequently Asked Questions
What is the time limit for making an unpaid wages claim?
The limitation period is critical. Generally, you have six years from the date the wages were owed to file a claim in court for a breach of contract. For claims under the Fair Work Act, such as underpayment of award entitlements, different timeframes apply, and delays can prejudice your case. Immediate legal assessment is essential.
How do you calculate what overtime I am owed?
Calculation depends on your applicable modern award or enterprise agreement. It involves identifying your ordinary hours, then applying the correct penalty rates (e.g., time-and-a-half for the first two hours, double-time thereafter on weekdays, and higher rates for weekends and public holidays) as stipulated in your governing industrial instrument.
What if my employer says I am on a salary and not entitled to overtime?
Being paid a salary does not automatically extinguish overtime entitlements. Many awards have provisions for annualised salaries which must meet a 'guarantee of annual earnings' threshold or be specifically structured to offset overtime. We review your contract and award to determine if your salary legally covers all hours worked.
How much does an Unpaid Wages & Overtime claim cost in Australia?
Costs depend on the claim's complexity, volume of records, and whether litigation is required. Many claims are resolved via negotiation or conciliation. Each listed firm provides clear fee agreements, often on a fixed-fee or capped-fee basis for the initial stages. For a specific estimate, we recommend requesting a detailed cost assessment after an initial case review.