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This topic covers
- Pay and work conditions
- Recovering unpaid wages and entitlements
This information is for national system employees - employees covered by the Fair Work Act 2009 (Cth). Most employees are national system employees, unless they work for a NSW government agency, Local Council or state government owned corporation.
This topic does not apply to state system employees - employees that work for a NSW government agency, Local Council or state government owned corporation, except where stated. For more information, see State system employees.
| Time limit | Action |
|---|---|
| Six years | To start legal action for unpaid wages or entitlements from the date when the money became owed to you. |
| 12 months | To apply for unpaid entitlements through the Fair Entitlements Guarantee from:
whichever is later. If your employer is a sole trader and became bankrupt, you must apply within 12 months from the end of your employment and before the discharge of your former employer's bankruptcy. |
Organisations
| Organisation | Responsibilities |
|---|---|
| Fair Work Commission | Award or agreement, and casual conversion |
| NSW Local Court | If you are a worker covered by the Fair Work Act 2009 (Cth) or a NSW state system employee not covered by the Fair Work Act 2009 (Cth), and the amount of your claim is up to $100,000 (or $120,000 in some circumstances). If the amount of your claim is $20,000 or less, you can apply to the Small Claims Division of the Local Court. |
| Chief Industrial Magistrate’s Court | If you are a worker covered by the Fair Work Act 2009 (Cth) or a NSW state system employee not covered by the Fair Work Act 2009 (Cth), and the work you did was covered by an industrial instrument such as a state or federal award or registered enterprise agreement. If the amount of your claim is $20,000 or less, you can apply to recover unpaid wages and entitlements using the small claims procedure in the Chief Industrial Magistrate’s Court. |
| Federal Circuit and Family Court of Australia | If the amount of your claim is $100,000 or less, you can apply to recover unpaid wages and entitlements. |
| Federal Court of Australia | If the amount of your claim is $100,000 or less, you can apply to recover unpaid wages and entitlements. |
Legislation
| Authority | Covers |
|---|---|
| National Employment Standards (NES) | The NES sets out 11Â minimum conditions for employees for all national system employees, including:
|
| Fair Work Act 2009Â (Cth) | Applies to all national system employees. |
If your employment would not be covered by an industrial instrument, you will need to apply to recover unpaid wages and entitlements the Local Court of NSW, Federal Circuit and Family Court of Australia or Federal Court of Australia.
| Common term | Definition |
|---|---|
| Award | A leg​​al document that sets out minimum wages and condi​tions for an industry or occupation. Awards cover things like rates of pay, overtime, penalty rates, leave conditions, allowances and dispute resolution. |
| ​Casual conversion | ​The right that some employees have under the National Employment Standards (NES) to become a permanent (full-time or part-time) employee. |
| Fair Entitlements Guarantee (FEG) | FEG is a scheme of last resort for employees who are owed money by employers who have become bankrupt or entered into liquidation on or after 5 December 2012. For more information, see Fair Entitlements Guarantee on the Australian Government website. |
| General Employee Entitlements and Redundancy Scheme (GEERS) | GEERS is the last resort protection for employees who are owed entitlements and have lost their employment due to the liquidation or bankruptcy of their employer before 5 December 2012. For more information, see General Employee Entitlements and Redundancy Scheme (GEERS) on the Australian Government website. |
| Long service leave | Long service leave is covered in state laws or pre modern awards. Employees can usually take long service leave after 10 years of continuous service or after five years of continuous service on a pro rata basis in certain circumstances. If you leave your job, you are usually paid out any long service leave that you have not taken. |
| ​National employment standards | ​The 11 minimum entitlements of all national system employees including:
|
| National system employee | Most employees in NSW are covered by the national system. Employees working in the NSW public service, for a Local Council, or a state-owned corporation, will be covered by the NSW state system. |
| State system employee | Employees working in the NSW public service, for a Local Council, or a state-owned corporation. |
Â
| Organisation | Fee |
|---|---|
| Chief Industrial Magistrates Court | You have to pay a fili​ng fee to apply to the Chief Industrial Magistrates Court. In some circumstances, you can apply for this fee to be waived or postponed. |
| NSW Local Court | You have to pay a filin​g fee to apply to the Local Court of NSW. In some circumstances, you can apply for this fee to be waived ​or postponed. |
| Federal Circuit and Family Court of Australia (FCFCOA) | You have to pay a filing fee to apply to the FCFCOA. In some circumstances, you can apply for an exemption from paying the filing fee - see Exemption From Paying Court Fees on the FCFCOA website. |
| Organisation | Forms |
|---|---|
| Fair Work Commission | If you want to apply to the Fair Work Commission to resolve a dispute about casual conversion, you must complete a Form F10A – Application for the Commission to deal with a dispute about casual conversion. |
| Chief Industrial Magistrates Court | If you want to apply to the Chief Industrial Magistrates Court to recover unpaid wages and entitlements, you need to use the Application for Recovery of Money form. |
| NSW Local Court | If you want to apply to the Local Court of NSW to recover money your employer owes you, you can use the civil procedure forms. |
| Federal Circuit and Family Court of Australia |
|
| Organisation | Type | Costs |
|---|---|---|
| Small Claims Division of the NSW Local Court | Legal costs | Legal costs in the Small Claims Division of the Local Court of NSW are capped, which means you can only recover a small portion of your costs from the other party if you are successful. |
| Other jurisdictions | Legal costs | ​​​​Usually, you can claim your legal costs if your case is successful. If you are unsuccessful, the Court can make a costs order against you. |
Our services
More services
More resources
- Fair Work Ombudsman: Bankruptcy & liquidation
- Fair Work Ombudsman: Casual Employment Information Statement
- Fair Work Ombudsman: Family and domestic violence leave
- Fair Work Ombudsman: Flexible working arrangements
- Fair Work Ombudsman: Pay and Conditions Tool​
- Fair Work Ombudsman: Small claims guide
- Federal Circuit and Family Court of Australia: Fair work: Small claims
- Redfern Legal Centre: How to recover unpaid wages: international students
Last updated: February 2024