It's understandable to feel stressed and uncertain when you're unsure if you're being paid correctly. Many people find themselves in similar situations, and it's important to address your concerns to ensure you're receiving fair compensation for your work. Don't worry, I'm here to help you understand your rights and find out if you're being underpaid. Let me look up the most relevant information for your situation.

I understand you're concerned about whether you're receiving the correct pay. Let me walk you through how to check if you're being underpaid.

First, identify what sets your pay rates

All employees working in Australia are entitled to a minimum wage. For most employees, minimum wages are set by the award that applies to them. However, when a workplace has a registered agreement, the award doesn't apply. However, the minimum pay rate in the registered agreement can't be less than the minimum pay rate in the award.

Find out if an award or agreement applies to you

To see if an agreement applies to your workplace, you can ask your employer, human resources (HR) or payroll team, check with a colleague or a union representative, look at the company intranet, or check your employment contract or pay slip to see if it mentions an award or agreement.

Check your minimum entitlements

Once you know which award or agreement covers you:

• If an award covers you, your rates of pay and conditions are in the award. All modern awards are listed on the Find an award page.
• If an enterprise agreement covers you, you are not covered by an award. Search agreements to find an agreement for your workplace.
• If no award or agreement covers your job or workplace, you're entitled to be paid the National Minimum Wage. As of 1 July 2024, the NMW is $24.10 per hour or $915.90 per 38 hour week.

What to compare against your pay

Awards set out the minimum pay rates and conditions of employment, including penalty rates, overtime and casual rates, annual and other types of leave, hours of work, and allowances. Employers must pay the correct rate of pay for all hours that the employee is required to attend work, including for work meetings and training.

Use available tools

If you're not sure of your award and need help finding it, use the Pay and Conditions Tool to find the minimum pay rates, penalty rates and allowances that apply for your award.

Your right to discuss pay

You have the right to talk about, or not talk about, your current or past pay. This includes the terms and conditions that would be needed to work out your pay, such as hours of work. You can also ask other employees about their pay but they don't have to share this information if they don't want to.

Your situation and legal position

You're taking the right approach by checking your pay entitlements. Your pay must meet the minimum rates set by either your applicable award, enterprise agreement, or the National Minimum Wage if neither applies. Start by identifying which of these covers your workplace, then compare your actual pay against the minimum rates specified. If you discover you're being underpaid, you have legal rights to recover the difference and ensure correct payment going forward.

Practical Workplace Strategy

1. Document Everything: Keep detailed records of your working hours, including start and finish times, breaks, and any overtime worked. Also, save all pay slips and employment-related documents.
2. Start a Dialogue: Before making accusations, have an informal conversation with your manager or HR representative. Express your concerns and ask for clarification on how your pay is calculated. Frame it as a request for understanding rather than a complaint.
3. Build Allies: Discreetly discuss pay rates with trusted colleagues to see if they have similar concerns. Sharing information can provide a clearer picture of potential underpayment issues within the workplace. But remember that they don't have to share this information if they don't want to.

Actionable Steps

1. Identify Your Award/Agreement: Use the Fair Work Ombudsman's Pay and Conditions Tool (PACT) to determine the correct award or agreement for your position.
2. Calculate Your Entitlements: Based on your award or agreement, calculate your minimum hourly rate, overtime, penalty rates, and allowances.
3. Compare and Contrast: Compare your calculations with your actual pay slips. Note any discrepancies and calculate the total amount of underpayment.
4. Seek Expert Advice: If you find discrepancies or are unsure about your entitlements, seek advice from a union, employment lawyer, or the Fair Work Ombudsman.

Combined Resources

• Fair Work Ombudsman: For free advice and resources on workplace rights and entitlements.
• Pay and Conditions Tool (PACT): To determine your applicable award and minimum wage.
• Your Union: If you're a union member, they can provide advice and representation.
• Employment Lawyer: For personalized legal advice and representation.

Remember, addressing underpayment issues can be sensitive. Approach the situation strategically, with a clear understanding of your rights and a focus on resolving the issue professionally.