As the criminalisation of wage theft draws nearer in Australia, it’s clear that the government and industry must come together to tackle the chronic issue of underpayment that has plagued the nation for years. Jarrod McGrath, CEO of HR consulting firm Smart WFM, highlights the urgent need for reform, especially as wage theft scandals have become all too common.
High-Profile Cases and the Ripple Effect
Unless you’ve been living under a rock, you’re likely aware of the wage theft scandals that have affected some of Australia’s biggest employers. From Domino’s to Australian universities, Woolworths, the Commonwealth Bank, and even the Reserve Bank of Australia, high-profile organisations have been caught underpaying staff. The fallout has been costly, both in terms of reputation and real financial consequences. And it’s not just the big players—hundreds of smaller businesses, including restaurants, retailers, and media outlets, have also faced penalties for wage theft.
At first glance, it may seem like Australia is the “unlucky country,” with so many employers allegedly out to shortchange their workers. But is that truly the case? According to McGrath, who has decades of experience in workforce management across blue-collar, white-collar, and government sectors, the answer is a resounding “no.”
No Employer Intentionally Underpays
In reality, most employers don’t set out to underpay their staff any more than they want to overpay them (which also happens, though it gets less attention). Leaders of successful companies understand the importance of complying with regulations and steering clear of legal trouble, especially when it comes to the Fair Work Commission.
However, wage theft occurs not because of malicious intent, but due to the complexity of Australia’s payment system. It’s a convoluted web of people, processes, and technologies meant to regulate minimum wage requirements and ensure employees are paid correctly. But as McGrath notes, these systems often fail, leading to underpayment.
Breaking Down the Payment Process: Where It Goes Wrong
In Australia, the payroll process generally follows three steps, and each one presents opportunities for errors:
1. Negotiation
This involves determining the relevant industrial instruments—such as award rates and enterprise agreements—that apply to the role. Negotiations between employers, employees, and unions can further complicate this step.
2. Payment
This step involves applying the negotiated terms and actually paying employees. Payroll departments, or even company management in smaller businesses, handle this process, often using a variety of payroll technologies that are supposed to ensure accuracy.
3. Reconciliation
The final step is where payments are reviewed to ensure compliance with the industrial agreements. Unfortunately, many companies either don’t reconcile payments or fail to do so properly, creating fertile ground for wage theft.
The Core Issue: Lack of Traceability
The biggest problem, according to McGrath, is the lack of connectivity between these three pillars of payment. There’s no single system or technology that ties all the processes together, creating a “left hand doesn’t know what the right hand is doing” scenario. The absence of traceability means that discrepancies, errors, and underpayments can go unnoticed for long periods, leaving employees underpaid and employers in hot water.
This lack of integration isn’t just a wage theft issue—it contributes to broader problems in the workplace, such as low productivity, the rise of “quiet quitting,” and the growing divide between management and staff. If Australia doesn’t resolve these payment issues, the nation could fall short of its ambitions to be a global leader in sectors like clean energy, artificial intelligence, and manufacturing.
The Solution: Building a Traceability System
What’s needed is a collaborative effort between government bodies, such as the Productivity Commission and the Fair Work Commission, and the payroll and workforce management industries. Together, they can create a traceability software layer that connects the dots between negotiation, payment, and reconciliation. This system would flag potential issues before payments are even made, preventing underpayment at its source.
Automation has revolutionised many aspects of life—why not payroll, one of the most crucial components for both individual workers and the broader economy?
Preparing for the Future: Criminalisation of Wage Theft
The time to act is now. With the new Criminalisation of Wage Theft Act coming into effect on January 1, 2025, Australian businesses need to be prepared. Under this new law, companies found guilty of underpaying employees could face fines of up to three times the value of the underpayment. Yet, as McGrath warns, many businesses are not ready.
While paying people correctly is no easy task, especially given the complex and ever-changing industrial relations rules, employers have a responsibility to ensure they are compliant. Rules are rules, and until there’s a better system in place, businesses must get a firm grasp on their payment processes and close any loopholes that may leave them vulnerable.
Final Thoughts
Australia’s wage theft problem is deeply rooted in a complex system of payroll processes and regulations that have not kept pace with the demands of modern businesses. But with collaboration, innovation, and the right technology, it’s possible to fix these issues and ensure that all employees are paid fairly and on time.
Now more than ever, employers must act to avoid the severe penalties that are just around the corner.
