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LEGAL RESOURCES

Blog — Labor law & overtime

Decode your rights to better defend them. Our legal experts explain everything about working time, payslips, and labor court.

Unpaid Overtime in Australia: Your Complete Rights Guide (2026)
Overtime
12 MIN · 12 JUL 2026

Unpaid Overtime in Australia: Your Complete Rights Guide (2026)

There is no single legal overtime rate in Australia. Your overtime and penalty rates come from your modern award or ente...

AP
Aurélie Petit
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Ordinary Hours, Spread of Hours and Averaging Explained
Working time
11 MIN · 12 JUL 2026

Ordinary Hours, Spread of Hours and Averaging Explained

Overtime is triggered when you work beyond your 'ordinary hours' — but those hours, their spread, and how they can be av...

TA
Thomas André
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Do Salaried Employees Get Overtime in Australia?
Working time
11 MIN · 12 JUL 2026

Do Salaried Employees Get Overtime in Australia?

A fixed annual salary does not automatically cancel your overtime. An annualised salary or set-off clause only works if ...

AP
Aurélie Petit
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Understanding Your Australian Pay Slip: A Complete Guide
Pay slip
11 MIN · 12 JUL 2026

Understanding Your Australian Pay Slip: A Complete Guide

Your pay slip is a legal document your employer must give you within one working day of paying you. Here is what it must...

TA
Thomas André
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Pay Slip Errors: What to Do If Your Overtime Is Missing
Pay slip
9 MIN · 12 JUL 2026

Pay Slip Errors: What to Do If Your Overtime Is Missing

Your pay slip should account for every hour you worked, and your employer must issue one within one working day. If over...

AP
Aurélie Petit
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How to Check You're Being Paid at Least the Minimum Wage
Pay slip
9 MIN · 12 JUL 2026

How to Check You're Being Paid at Least the Minimum Wage

From 1 July 2026 the National Minimum Wage is $26.44 an hour. But most Australian employees are covered by an award, who...

CF
Caroline Fournier
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Which Modern Award Covers You? How to Find Out
Collective agreements
9 MIN · 12 JUL 2026

Which Modern Award Covers You? How to Find Out

In Australia, your overtime rates, penalty rates and minimum pay come from the modern award that covers your job — deter...

TA
Thomas André
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Modern Awards vs Enterprise Agreements: What's the Difference?
Collective agreements
9 MIN · 12 JUL 2026

Modern Awards vs Enterprise Agreements: What's the Difference?

A modern award is the industry baseline; an enterprise agreement is a negotiated instrument that applies in its place an...

GM
Guillaume Mercier
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Award Minimum Wages: Why You May Be Owed More Than the Minimum Wage
Collective agreements
9 MIN · 12 JUL 2026

Award Minimum Wages: Why You May Be Owed More Than the Minimum Wage

The National Minimum Wage of $26.44 an hour is only the floor for award-free employees. Most workers are covered by an a...

SC
Sandrine Chevalier
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Enterprise Agreement Underpayment: How to Check and Claim
Collective agreements
9 MIN · 12 JUL 2026

Enterprise Agreement Underpayment: How to Check and Claim

A registered enterprise agreement is legally binding — its rates, overtime and penalty terms are enforceable, and paying...

JB
Jérôme Boyer
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Night Shift and Shift Work Penalty Rates in Australia
Specific situations
11 MIN · 12 JUL 2026

Night Shift and Shift Work Penalty Rates in Australia

There is no statutory night or shift penalty in Australia — shift loadings and night penalty rates are set by your moder...

ST
Sarah Thompson
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How to Recover Unpaid Wages in Australia: Step-by-Step Underpayment Claim
Procedures
12 MIN · 12 JUL 2026

How to Recover Unpaid Wages in Australia: Step-by-Step Underpayment Claim

A clear, ordered path to reclaiming unpaid wages and overtime in Australia — from a written request to your employer, th...

TA
Thomas André
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On-Call and Standby: Are You Being Paid Correctly?
Specific situations
11 MIN · 12 JUL 2026

On-Call and Standby: Are You Being Paid Correctly?

Whether standby time counts as work — and what an on-call allowance is worth — is set by your modern award or enterprise...

MW
Matthew Walker
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Negotiating Back Pay With Your Employer: Building Your Case
HR Negotiation
12 MIN · 12 JUL 2026

Negotiating Back Pay With Your Employer: Building Your Case

Before litigation, most underpayment matters can be resolved directly — if you walk in with the numbers. Here is how to ...

LC
Laura Cooper
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Sham Contracting: When You're Wrongly Called a Contractor
Specific situations
12 MIN · 12 JUL 2026

Sham Contracting: When You're Wrongly Called a Contractor

Being labelled an independent contractor when you are really an employee strips away award minimums, the National Employ...

DC
David Campbell
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Underpaid on a Visa? Your Wage Rights Are the Same
Specific situations
11 MIN · 12 JUL 2026

Underpaid on a Visa? Your Wage Rights Are the Same

Your visa status does not reduce your workplace rights. A national system employee on any visa is entitled to the full N...

CH
Charlotte Hall
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How to Make a Small Claims Wage Claim in Australia
Procedures
11 MIN · 12 JUL 2026

How to Make a Small Claims Wage Claim in Australia

The small claims procedure lets you recover unpaid wages up to $100,000 through a simplified, less formal court process....

AH
Andrew Harris
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Fair Work Ombudsman: How It Can Help Recover Your Wages
Procedures
9 MIN · 12 JUL 2026

Fair Work Ombudsman: How It Can Help Recover Your Wages

The Fair Work Ombudsman is the free federal regulator that informs, mediates and can act on underpayments — the practica...

TA
Thomas André
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The 6-Year Time Limit to Claim Unpaid Wages
Procedures
9 MIN · 12 JUL 2026

The 6-Year Time Limit to Claim Unpaid Wages

Australian law gives you six years to claim unpaid wages and overtime — a long window, but one that closes pay period by...

AP
Aurélie Petit
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Can You Get Interest and Penalties on Unpaid Wages?
Procedures
9 MIN · 12 JUL 2026

Can You Get Interest and Penalties on Unpaid Wages?

Beyond the wages themselves, a court can add interest and order pecuniary penalties. But neither has a fixed figure you ...

TA
Thomas André
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Your Right to Employee Records and Pay Slips
Employee protection
9 MIN · 12 JUL 2026

Your Right to Employee Records and Pay Slips

Your employer must keep employee records for seven years and give you a pay slip within one working day of paying you. T...

AP
Aurélie Petit
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No Pay Records? The Law Puts the Burden on Your Employer
Employee protection
9 MIN · 12 JUL 2026

No Pay Records? The Law Puts the Burden on Your Employer

One of the most powerful rules in Australian workplace law: if your employer failed to keep records or give pay slips, i...

TA
Thomas André
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How Overtime Pay Works Under Australian Awards
Overtime
11 MIN · 12 JUL 2026

How Overtime Pay Works Under Australian Awards

Overtime rates in Australia are set by your modern award, not the law. Here is how the triggers and the 150%/200% rates ...

AP
Aurélie Petit
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How to Raise Unpaid Overtime With Your Employer (Before Going Legal)
HR Negotiation
10 MIN · 12 JUL 2026

How to Raise Unpaid Overtime With Your Employer (Before Going Legal)

Most overtime disputes can — and should — start with a calm, well-documented conversation, not a court application. This...

AP
Aurélie Petit
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Am I Owed Overtime? Signs You're Being Underpaid
Overtime
11 MIN · 12 JUL 2026

Am I Owed Overtime? Signs You're Being Underpaid

A practical diagnostic for Australian employees: how to tell whether you are being underpaid for overtime, what your pay...

AP
Aurélie Petit
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Overtime for Casual Employees in Australia: What You're Owed
Overtime
10 MIN · 12 JUL 2026

Overtime for Casual Employees in Australia: What You're Owed

Casual loading is not overtime — and confusing the two costs casual workers money. Here is what casual employees in Aust...

AP
Aurélie Petit
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Weekend and Public Holiday Penalty Rates: How Much Extra Should You Get?
Overtime
10 MIN · 12 JUL 2026

Weekend and Public Holiday Penalty Rates: How Much Extra Should You Get?

There is no general legal penalty rate in Australia — weekend, public holiday, night and shift loadings all come from yo...

AP
Aurélie Petit
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Time Off in Lieu vs Overtime Pay: Know Your Rights
Working time
11 MIN · 12 JUL 2026

Time Off in Lieu vs Overtime Pay: Know Your Rights

Taking time off instead of being paid for overtime — 'TOIL' — is an award or agreement arrangement, not a statutory righ...

AP
Aurélie Petit
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The 38-Hour Week: Maximum Weekly Hours Under the NES
Working time
11 MIN · 12 JUL 2026

The 38-Hour Week: Maximum Weekly Hours Under the NES

The 38-hour week is the backbone of Australian working-time law — but it is a duration standard, not a pay rule. Here is...

TA
Thomas André
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'Reasonable Additional Hours' and Your Right to Refuse Overtime
Working time
11 MIN · 12 JUL 2026

'Reasonable Additional Hours' and Your Right to Refuse Overtime

You can be asked to work beyond 38 hours only if the extra hours are reasonable — and you may refuse them if they are no...

AP
Aurélie Petit
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