Skip to content
People HubPayroll

Payroll Mistakes That Trigger Fair Work Complaints — and How to Audit Your Own

Almost every underpayment case we see in SMEs starts the same way: not with an owner deciding to short-change anyone, but with a setting.

By Nick Lucock·20 July 2026·5 min read

The short answer

Most SME underpayment cases start with a setting, not a decision: a wrong award classification, penalty and overtime rates never configured, or an annualised salary that no longer absorbs the award. Because the same error repeats every pay run for every affected employee, small mistakes compound into large liabilities. Audit by checking each employee's classification against the duties they actually perform, confirming penalties and overtime fire correctly, and re-testing salaries against the applicable Modern Award. When unsure, check the Fair Work Ombudsman or your award directly.

Almost every SME underpayment case starts the same way: not with an owner deciding to short-change anyone, but with a setting. A classification chosen at onboarding and never revisited. A penalty rate that was never configured. A flat salary that covered the award when it was set and was never re-tested. Payroll errors are dangerous precisely because they replicate — the same small mistake, applied to every employee on that setting, every pay run, for years. Here are the mistakes that drive most complaints, and how to audit your own before anyone else does.

The wrong classification level

Every modern award contains classification levels with different minimum rates, and employees are entitled to the level that matches the duties they actually perform, not the level assigned on their first day. The receptionist who now runs the office and the labourer who now supervises a crew are the classic cases: the job promoted itself and the classification didn't, so an underpayment accrues with every pay.

Audit it: for each employee, read the classification definitions in the applicable award against what the person really does today, not what their position description said when they started. Where the duties have outgrown the level, correct the classification and deal with the back-pay question deliberately rather than hoping it goes away.

Penalties and overtime that never fire

Award entitlements to evening, weekend, public holiday and overtime rates only flow through if your payroll system knows about them, and only if hours are recorded accurately enough to trigger them. The common pattern is payroll configured with base rates only, timesheets rounded to standard hours, and everyone genuinely unaware that the late finishes attracted a penalty all along.

Audit it: take one pay period, pull the hours actually worked rather than the hours rostered, and manually calculate a couple of employees' pays against the award, line by line. If the manual answer differs from the system's, you have found a configuration problem — and configuration problems exist for everyone on that setting, not just the people you checked.

The all-inclusive salary nobody re-tests

Paying a flat annual salary intended to cover overtime, penalties and allowances is lawful in many situations, but only if it genuinely does cover them, and some awards impose formal annualised-wage requirements including reconciliation and record-keeping. A salary that comfortably cleared the award when it was set can fall short years later once award increases, real overtime patterns and allowances are tallied.

Audit it: for every salaried employee covered by an award, reconstruct what they would have earned paid strictly to the award for a representative period, and compare it with what the salary actually delivered. If the salary loses that comparison in any period, the gap is owed.

Allowances and the superannuation base

Awards are full of small entitlements that never make it into payroll setup: tool, travel, meal, uniform and first-aid allowances among them. Individually minor, they compound across a team and a year. Superannuation has its own version of this problem — contributions calculated on the wrong earnings base, or paid later than the rules require, create a separate liability with the ATO rather than Fair Work, and the move to payday super makes timing discipline matter more, not less.

Audit it: read the allowances section of your award as if for the first time and tick off which ones your people plausibly qualify for; then confirm with the ATO's current guidance which pay components attract super and when it must land.

Records that can't prove you're right

Even a business paying correctly is exposed if it cannot demonstrate it. Time records, payslips with the required contents, and records of agreements about hours or salary arrangements are legal obligations in themselves, and in a dispute the absence of records tends to favour the employee's account. Fixing record-keeping is often the cheapest risk reduction available in the whole payroll area.

Running the audit as a routine

The full exercise (classifications, one-period manual recalculation, salary reconciliation, allowances sweep, records check) is a day or two of focused work for a small team, and it belongs on an annual cycle because awards change and jobs drift. It also sits more comfortably inside a well-run people function than as a panicked one-off. The award itself and the Fair Work Ombudsman's published resources are the authorities to check your answers against, and where the audit turns up something genuinely ambiguous, that is the moment to pay for specific advice — before the ambiguity compounds through another year of pay runs.

About the author

Nick Lucock

Chief Executive Officer, Valont

Nick leads Valont's day-to-day operations across Finance, People, Operations and Growth. He writes about how the work actually gets done — the processes, systems, and tools that keep Australian SMEs compliant and growing.

LinkedIn →

Want to know where your business stands?

Take our free Business Health Check — it takes 5 minutes and gives you a clear picture across finance, people, operations, and growth.