What to do if you’re underpaid or treated unfairly
A step-by-step guide for support workers facing underpayment, unfair treatment or unsafe work — your rights, how to raise it, and how to make a Fair Work complaint.
First, work out if you're genuinely underpaid
Understand your SCHADS classification and pay point
The most common ways support workers get short-changed
A worked example: is the flat rate actually enough?
Gather your evidence before you raise it
Step one: raise it directly with your employer
Step two: the Fair Work Ombudsman (free help)
Unfair treatment that isn't about money
You're protected for speaking up
If you work through a platform or on an ABN
Common mistakes to avoid
Look after yourself and know your next steps
Frequently asked questions
How do I know if my support worker pay is actually below the award?
Compare your payslip against the correct minimum using the Fair Work Pay and Conditions Tool, entering your SCHADS classification, employment type and exact shift times so it calculates penalties and loadings. If what you were paid is less than that figure for any period, you're likely underpaid. Don't compare your wage to the NDIS price limit that providers charge — that's a completely different number that has to cover overheads, insurance and admin, and it tells you nothing about whether your own pay is correct. The only valid benchmark for your wage is the SCHADS award rate for your classification and pay point.
Can my employer sack me or cut my shifts for making a Fair Work complaint?
No. Punishing you for asking about pay or asserting a workplace right is 'adverse action' and is unlawful under the general protections provisions of the Fair Work Act. If your hours are cut or you're dismissed after raising a pay issue, that can be a separate claim to the Fair Work Commission on top of recovering your wages. This is exactly why you should raise concerns in writing and keep dated records of everything — the timeline itself becomes your evidence. Note that dismissal-related claims have a strict 21-day deadline.
How far back can I claim unpaid wages as a support worker?
Underpayment claims can generally reach back up to six years, so shifts from a couple of years ago aren't automatically lost. That said, it's much easier to prove recent shifts, so gather payslips, rosters and messages as soon as you suspect a problem. Start your calculations from the most recent period and work backwards through whatever records you can find. Superannuation shortfalls are also recoverable, so check that contributions were actually paid, not just listed on your payslip.
Do I need a lawyer or to pay anything to lodge a complaint?
No. The Fair Work Ombudsman provides free help to recover unpaid wages and entitlements, and you can start anonymously to get advice before deciding whether to lodge a formal request for assistance. Unions and free community legal centres can also help at no cost, and the small claims court process for unpaid wages is designed to be used without a lawyer. Only more complex disputes tend to involve paid legal representation, and even then it's worth getting free advice first.
What's the difference between the Fair Work Ombudsman and the Fair Work Commission?
The Fair Work Ombudsman handles pay and entitlement problems — underpaid wages, penalties, super and sham contracting — and helps you recover money for free. The Fair Work Commission is the tribunal that deals with unfair dismissal, general protections claims, and bullying and harassment orders. If your issue is missing money, start with the Ombudsman; if you've been unfairly sacked or bullied, the Commission is your path, and dismissal-related claims have a strict 21-day deadline from when the dismissal takes effect.
I'm paid a flat hourly rate with no weekend penalties — is that legal?
Usually not, if that flat rate ends up below what the SCHADS award would total once Saturday (150%), Sunday (200%), evening and public holiday (250%) penalties are added. Some employers pay an 'all-in' or annualised rate, which isn't automatically illegal, but it must still leave you no worse off than the award for the hours you actually work. Run your real shifts through the Fair Work tool including penalties — if the award total is higher than your flat pay, you're likely being underpaid and should raise it in writing with your calculation attached.
I work on an ABN through a platform — do I still have these rights?
It depends on whether you're genuinely a contractor or an employee in disguise. If one provider sets your hours, tells you how to work and treats you like staff, you may actually be an employee entitled to award pay, penalties and super, and calling you a contractor to avoid that is unlawful sham contracting. Check your real status with the Fair Work Ombudsman and ATO tools, and note that some platform-based workers now have newer 'employee-like' protections through the Fair Work Commission. On an ABN you're also responsible for your own tax and super, so confirm those obligations with the ATO.