Can I apply?

Before you make an application to the Federal Circuit Court, you should consider the following:

​   If the wages or entitlements you are claiming should have been paid to you before 1 July 2009, you should get legal advice. Different laws may apply to you.

Am I a national system employee?

National system employees are covered by the Fair Work Act 2009 and are able to make a claim in the Federal Circuit Court to recover unpaid wages and entitlements. All employees working in NSW are covered by national employment laws unless they are employed by the NSW government, a local council, or a NSW state government owned corporation.

  If you work for the NSW government, a local council or a NSW state government owned corporation, a different system applies to you. You should get legal advice.

How much am I claiming?

The   court can make an award for unpaid wages or entitlements. If you want to use the court’s small claims procedures, your claim can only be for $20 000 or less.

  If you want to claim more than $20 000 you should get legal advice before using the information on this website.

Time limits

If you want to make a claim for unpaid wages and entitlements, you must do so within six years of when the amount became owed to you. If you start a case later than six years in the Federal Circuit Court, the court cannot make an order that you be paid and your employer can defend the claim on the basis that the time limit for making this type of claim has expired.

  If you think you might be close to, or outside of, the six year time limit you should get legal advice.