Australia Fair Work Small Claim — Unpaid Wages (s 548)
Stage-3 of the Australian unpaid-wages chain (after the stage-2 Fair Work Ombudsman request). A structured narrative to start a small claim for unpaid wages under the Fair Work Act 2009 (Cth) s 548 — informal procedure, up to $100,000, filed in the Federal Circuit and Family Court (Fair Work Division, Form 5) or an eligible Magistrates Court, within the 6-year limit (s 544). You complete and file it in your own name. $9 returning-buyer price for stage-2 (australia-unpaid-wages-fwo-report) buyers.
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 is the final formal demand before litigation.
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Your letter includes a firm deadline. Do not engage in informal text messages during this time.
If they miss the deadline, you have completed the required out-of-court steps. Hand this complete paper trail to a local attorney for litigation.
Your Fair Work small claim
This builds a clear narrative to start a small claim for unpaid wages under the Fair Work Act 2009 (Cth) s 548. The small claims procedure is informal and recovers up to $100,000. Most details come from your earlier demand and Fair Work Ombudsman request.
This letter will cite
Fair Work Act 2009 (Cth) s 548 — small claims procedure, up to $100,000; s 544 — 6-year limit. Filed in the Federal Circuit and Family Court of Australia (Fair Work Division, Form 5) or an eligible Magistrates Court.
The procedure is informal — the court is not bound by the rules of evidence, and a party usually needs permission to be legally represented. Filing fees apply and are recoverable if you succeed.
Both can hear a Fair Work small claim. The Federal Circuit and Family Court uses Form 5; the Magistrates Court process varies by state.
Use the exact legal entity name (check the payslip, contract, or ABN lookup at abr.business.gov.au).
The small claims procedure recovers up to $100,000.
The award, enterprise agreement, or contract rate that applies; the rate you were paid vs the rate owed; unpaid overtime, penalty rates, allowances, or entitlements.