Wage theft laws: Compliance, Closing Loopholes and the clink

From 1 January 2025, or an earlier date proclaimed, wage theft protections for workers will become law.

A new criminal jurisdiction for industrial matters relating to wages marks a significant shift in the way Australian industrial law has been conceived and administered over approximately 120 years of jurisprudence.

Employers have traditionally argued that the concept of a criminal jurisdiction in the absence of an intent to actually steal wages from an employee, is heavy handed. At its highest, according to employers, where an employer is simply reckless as to the correct rate of pay, it should not be the subject of any criminal jurisdiction. It is a technically correct position where there is an absence of any mens rea.

This has been addressed during the development of the proposed wage theft laws.

Want to learn about the proposed changes and how you can prevent wage theft? Read the full version of this article (and more!) by downloading the latest edition of our annual Workplace Relations Review here.

About our author

Michal Roucek is a Partner and Solicitor at Citation Legal. Since 2009, he has worked exclusively in workplace and industrial relations law and is known as a safe pair of hands in dealing with complex workplace disputes and strategic litigation in the full suite of employment, workplace relations, industrial relations and executive level. Michal is an interest-based advocate recognised by both the business and union-employee communities as a conciliatory and innovative problem solver. He is focussed on outcomes and solutions for clients.