Underpayment claim
Individual Help Desk
Individual Help Desk
On your behalf, we treat your underpayment claim as a debt to be collected.
We prepare your underpayment claim as if it were to be lodged in the Fair Work small claims jurisdiction of the Federal Circuit Court, without a lawyer. Your claim may include superannuation, and interest permitted by the Fair Work Act.
We do the following:
Prepare and send a letter of demand to the employer party.
Prepare and express post a complaint regarding the underpayment to the Fair Work Ombudsman.
Prepare content for the small claims court application and form.
Case manage correspondence regarding any settlement.
You do the following:
Complete our assessment form to help us calculate your claim.
Give us copies of materials that support your claim, eg, letter of engagement and pay slips.
Sign our form authorising us to contact the Ombudsman on your behalf.
Acknowledge that neither we nor the Ombudsman can compel the employer party to make a payment to you.
At the end of the Help Desk period
If your underpayment claim is not resolved, steps you might wish to take on your own, or with our additional assistance include:
Lodge the claim application in the Federal Circuit Court.
Serve the court application on the employer party (mandatory).
Attend the court hearing. You must appear and speak. We can attend as a support person by audio/video if the court provides a dial-in facility.
You pay the court filing fee, the process-serving fee and our additional service fee.
In the Federal Circuit Court, the filing fee guide is: $295 for claims up to $10,000; $470 for claims up to $50,000; and$545 for claims up to $100,000.
The bailiff's fee for process-serving is $210 approximately.
Our fee for assistance to apply to the Federal Circuit Court is $1000 GST inclusive (current at 2 February 2025 and may be subject to change).
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Thank you for the chance to be of service.