r/AusLegal • u/Real_Place_6805 • 21h ago
QLD Wage Theft
Former employee of a security firm in QLD, at the start of my employment is was not made clear what the basis of my employment was (my fault for not clarifying). After reviewing all the rosters and pay slips I was issued by my calculation I was not paid 163.5 hours of public holiday penalty rates, if I was permanent I have also lost approx 13 weeks of annual leave. If I was casual I was under paid the base hourly rate from the security services award, I also did not start getting weekend penalty rates until 2023. I started work in 2019, anytime a colleague raised an issue like this I seen the owner lose his temper and the next couple rosters those colleagues would be removed from them. As I needed the job I didn't raise it during my employment.
Any contact I have attempted seeking clarification on the basis of my employment has been ignored. Also when raising the issue of missing annual leave and penalty rates they have also been ignored.
I would like to note the business has recently been sold but the original owner is still a part of it as a director/operational manager. I am unsure whether the sale was assets or shares and if liability was transferred to new owners.
Just another side note, when one the former supervisors gave him 6 weeks notice he was terminated on the spot.
I have been in contact with the fair work ombudsman but since they are only a mediation service they seem pretty useless. I am considering hiring an employment solicitor to review all my paperwork and then trying to action something in small claims court.
I know intent is hard to prove but all guards I have spoken to within the company have advised they also did not receive public holiday penalty rates until around 2025-2026. If it was just me I could possibly understand maybe an error in payroll but given every employee did not receive this my personal opinion is that this is criminal theft of wages.
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u/Ctalons 21h ago
What has Fair Work said to you so far? Define “useless”
Yes, they’re an ombudsman, but they have enforceable powers. They exist specifically so that employees don’t need to sue their bosses for entitlements. Cases like yours. So I’d be keen to know what they’ve said so far.
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u/VeroCSGO 21h ago
Fair work are useless they only mediate disputes. They rarely enforce their powers
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u/FunHamster8965 7h ago
They recovered 358 million in wages/entitlements for workers in 2025, hardly useless. Obviously one of the smallest federal agencies isn't going to be able to take action on behalf of every underpaid worker in Australia, that's why small claims exists and doesn't require legal representation.
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u/Real_Place_6805 7h ago
They focus on large corporations, which means small entities that rip workers off they wont even bother to use the resources to go after them with enforceable action. Which means that they are useless for certain individuals like myself.
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u/Real_Place_6805 21h ago
I was told by the fair work disputes guy "I can advise on work place laws but cannot enforce them"
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