Still unpaid after the Fair Work Ombudsman? Start a Fair Work small claim.
Section 548 of the Fair Work Act lets you recover up to $100,000 through an informal small claims procedure built for self-represented workers.
You demanded your unpaid wages, then asked the Fair Work Ombudsman for help, and you're still out of pocket. The next step is a small claim under section 548 of the Fair Work Act 2009. It recovers up to $100,000 and is deliberately informal — the court is not bound by the rules of evidence, and a party generally needs the court's permission to bring a lawyer, so a self-represented worker is on a level field.
You can file in the Fair Work Division of the Federal Circuit and Family Court of Australia (Form 5 — Small claim under the Fair Work Act 2009) or in an eligible Magistrates Court in your state or territory. A filing fee applies, and you can ask for it back if you succeed. Your underpayment is measured against the modern award, enterprise agreement, or contract that applies to your role.
Mind the clock: section 544 sets a six-year limit on underpayment claims, running from the contravention. Don't let it lapse while you wait on the Ombudsman. Keep this separate from unfair dismissal, which has a strict 21-day deadline at the Fair Work Commission.
Legal mechanisms now in play
- Fair Work Act 2009 s 548 — small claims procedure, recovers up to $100,000
- Informal procedure — court not bound by rules of evidence; lawyers generally need permission
- Filed in the Federal Circuit and Family Court (Form 5) or an eligible Magistrates Court
- Filing fee recoverable if you succeed; interest may be claimed
- Fair Work Act s 544 — six-year limitation period for underpayment claims
Fair Work Small Claim
Builds a structured narrative of claim for the Fair Work small claims procedure: the parties and the employer's correct legal entity, the amount and period, the award/agreement/contract basis of the underpayment, the steps you've already taken, the facts, and the order sought — payment plus interest and your filing fee — with an evidence checklist.
$19.00 ($9.00 if you bought our earlier letter — apply via the receipt URL or QR code in your first letter's PDF)
Start the Fair Work Small Claim →Frequently asked
Do I have to use the Fair Work Ombudsman before a small claim?
No. The Ombudsman is a free option, but you can go straight to a small claim. The narrative supports either path — whether the FWO couldn't recover the amount, a request is still in progress, or you're skipping it.
Where do I file a Fair Work small claim?
In the Fair Work Division of the Federal Circuit and Family Court of Australia (using Form 5), or in an eligible Magistrates Court in your state or territory. Both can hear a Fair Work small claim up to $100,000.
Do I need a lawyer?
No — the small claims procedure is informal and built for self-represented workers. The court is not bound by the rules of evidence, and a party generally needs the court's permission to be legally represented at all.
How long do I have?
Six years from the contravention, under section 544 of the Fair Work Act. File well before that runs out. If your real issue is dismissal, that's a separate claim with a strict 21-day deadline — act on it immediately.
How much does the next-step narrative cost?
$19 standalone, or $9 if you bought our Fair Work Ombudsman request narrative — your receipt URL or QR code applies the discount automatically.