1. Step One: The “Self-Resolution” Check

Before escalation, try a formal “Letter of Demand.” In 2026, many underpayments are result of “error” rather than “theft,” and a professional notice can resolve it quickly.

• The Action: Use the Fair Work Ombudsman (FWO) template to write a letter.
• What to Include: Attach a copy of your own time-logs (using the Record My Hours app) and your bank statements showing the missing pay.
• The Deadline: Give your employer 7–14 days to respond before moving to Step Two.

2. Step Two: Contact the Fair Work Ombudsman (FWO)

The FWO is the national regulator. They offer a confidential service specifically for visa holders.

• The Assurance Protocol: In 2026, your visa is protected. If you have worked more than your 48-hour limit, the FWO will not report you to Home Affairs as long as you are seeking help for exploitation.
• The Tool: Use the Anonymous Reporting Tool if you are scared of your boss but want the government to investigate the business.
• Mediation: If you file a formal “Request for Assistance,” the FWO may offer Free Mediation, where an officer helps you and your boss reach a settlement without a court date.

3. Step Three: The Small Claims Process (Magistrates’ Court)

If your boss refuses to pay and the debt is under $20,000, you can use the Small Claims process in the Melbourne Magistrates’ Court.

• No Lawyers Needed: The court is specifically set up for “self-represented” parties. It is informal, and lawyers are generally not allowed unless the judge gives special permission.
• Lower Fees: Filing fees for small claims are significantly lower than standard litigation.
• Evidence: You only need to show it is “more likely than not” that you were underpaid. Your personal logs, text messages from your boss, and pay slips are usually sufficient evidence.

4. Step Four: Report to the Wage Inspectorate Victoria

If you believe your employer is deliberately and dishonestly withholding wages, you should report them to the Wage Inspectorate Victoria.

• The 2026 Penalty: Since wage theft is a crime in Victoria, the Inspectorate can investigate and prosecute employers. While they focus on punishment, an investigation often forces an employer to pay back what is owed to avoid jail time or massive fines.
• Contact: Call 1800 287 287 for a confidential discussion.
  
  

2026 Wage Recovery Triage Table