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ARTICLE · 11 MAY 2025

Employment Law: Wage Theft

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Employers were put on notice that deliberate underpayments would soon be a criminal offence.

AustraliaEmployment and HR
Murray Thornhill
Murray Thornhill
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Senior Associate, Craig Fordham, and Associate Jane Lovett discuss the offence of wage theft.

Introduction

From 1 January 2025, intentional underpayment of employee wages or entitlements ('wage theft') may be a criminal offence.

How the offence applies: transitional arrangements

The wage theft offence under section 327A of the Fair Work Act 2009 (Cth) ('the Act') applies only to conduct occurring after the new law commences, that is, after 1 January 2025.

However, under transitional provisions, if a course of conduct began before that date and continues beyond 1 January 2025, the portion of the conduct occurring after commencement may still be prosecuted under the new criminal provisions.

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