Australia Unpaid Wages / Underpayment Demand (Fair Work Act)
First-person self-help demand to an employer for unpaid wages or entitlements under the Fair Work Act 2009 (Cth), the National Employment Standards, and any applicable award or agreement. Surfaces the 6-year limit to start a court claim (s 544) and the $100,000 small claims procedure (s 548). You complete and send it yourself; escalate to the Fair Work Ombudsman (fairwork.gov.au) or a small claim. Excludes unfair dismissal (a separate Fair Work Commission matter with a strict 21-day deadline).
Statute of Limitations Warning
Legal deadlines apply to your claim. You lose your right to act if you wait too long. Send notice as soon as possible.
Why this letter works:
- Cites the exact law: Automatically applies the correct state and federal statutes to your situation.
- Sets a firm deadline: Legally compels a response within the required statutory timeframe.
- Creates a paper trail: Designed to serve as Exhibit A if you need to escalate to an agency or court.
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Your Action Plan
This letter is part of a formal escalation process.
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Your employment and what you are owed
The Fair Work Act 2009 (Cth), the National Employment Standards, and any modern award or enterprise agreement set the minimum you must be paid. This letter formally demands what you are owed. You have up to 6 years to start a court claim (Fair Work Act s 544), and a small claims process is available for amounts up to $100,000 (s 548).
This letter will cite
Fair Work Act 2009 (Cth) — National Employment Standards; s 544 (6-year limit to apply about a contravention); s 548 (small claims procedure, up to $100,000). Plus the applicable modern award / enterprise agreement.
If the employer does not pay, you can ask the Fair Work Ombudsman (fairwork.gov.au) for help, or file a small claim in the Federal Circuit and Family Court or a state magistrates court.
Before you start
What exactly do I get, and when?
A personalized PDF letter, written around the statute that applies to your situation, with the deadline and the consequence spelled out. It downloads the moment payment confirms, back here on commoner-law.com — there is no waiting period and no account to create.
How much is it?
$19, once. Not a subscription, and nothing is charged until you complete payment on Stripe at the end of the wizard. Any add-ons you select show their own price before you pay.
Is this legal advice?
Self-help template; not legal advice and we are not a law firm. Award and agreement entitlements vary — check the award that applies to your role at fairwork.gov.au. Unfair dismissal has a strict 21-day deadline and is not covered by this letter.
What if I need to change something afterwards?
Tell us and we will either adjust the letter and send you the updated version at no cost, or refund you in full — your choice. If we can’t deliver what you paid for, the refund is automatic. Full terms are on our promise page.
Do I have to pay to know if I have a case?
No. The rights encyclopedia on this site is free and cites the same primary sources the letter does. Read the relevant guide first — plenty of situations are resolved by a phone call to a free statutory body, and where one exists we say so.