Wage theft is widespread – but very few migrant workers ever recover their wages. Our report, All Work, No Pay, explains why and charts a blueprint for reform.

If a worker’s employer refuses to pay their correct wages, the worker can file a claim in the “Small Claims” jurisdiction of the Federal Circuit and Family Court of Australia.

An extremely small number of workers take this step: in 2022-23, only 137 attempted to recover their wages this way across the country. This is a tiny fraction of the estimated 0.5 to 1.5 million workers being paid below minimum wage – not to mention thousands of others who are not paid what has been agreed.

The small claims jurisdiction was introduced to make recovery of wages in court more accessible, ‘efficient’ and ‘expeditious’ by the court, and ‘not subject to onerous procedural requirements’.

In reality, it is virtually impossible for most migrant workers to file and pursue a small claim without legal assistance. 

In 2023-24, we observed Small Claims court hearings, analysed Court and Fair Work Commission data and consulted with community organisations, unions, court staff and academics about migrants’ experiences of the Small Claims process.

Lee was fired after being injured at work. With pro bono legal help he reclaimed over $200,000.

We found

Key recommendations

Increase legal assistance

  • New Wages & Superannuation Calculation Service

  • Enable workers who win wage claims to recover legal costs from employer

  • Increase funding for community legal assistance

  • New duty lawyer scheme to support workers in court

Simpler, more flexible processes

  • New Fair Work Commission dispute resolution process for wages & entitlements

  • Potentially, a new Fair Work Court to streamline claims

  • More accessible court process, particularly for unrepresented litigants

Ensure migrants ultimately get paid

  • Where the employer disappears, liquidates or refuses to pay:

- New DEWR Guarantee scheme pays, recouping where possible

- Fair Entitlements Guarantee extended to temporary migrants

Endorsed by 24 legal service providers and community and anti-trafficking organisations across Australia.