Wage Theft Becomes a Criminal Offence in Australia from January 2025

From 1 January 2025, intentional wage theft is now classified as a criminal offence, offering stronger protections for Australian workers against deliberate underpayment of wages. As the union for disability support workers, the Australian Services Union (ASU) has been a key advocate for improved worker protections and welcomes the new legislation as a critical step towards closing the wage theft loophole in the NDIS. 

The ASU has been actively advocating in the Fair Work Commission to eliminate wage theft within the NDIS and address a loophole found in the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS). 

The loophole permits Social and Community Services (SACS) employers to receive the full NDIS rate of $33 per hour, while paying Disability Support workers as little as $24 per hour, keeping the difference as profit and underpaying the worker up to $9 per hour. 

The ASU have been in the Fair Work Commission campaigning for three major cases to stand up for proper recognition for disability support workers: 

  • Ending wage theft in the NDIS 

  • Updating the 30 year old award classification structure 

  • Protecting sleepover pay – to ensure fair penalty rates, overtime and proper breaks 

If you’re a member and believe you may be experiencing wage theft, contact us at union@asusant.com or on 08 8363 1322 

If you are not already a member, now is the time to join the ASU: www.asusant/join 

Follow to keep up to date: 

Instagram - www.instagram.com/asu_proud_sant/ 

Facebook - www.facebook.com/ASU.SANTBranch/ 

LinkedIn - au.linkedin.com/company/asu-sa-nt 

Zoe StangoulisAustralian Services UnionNDIS, ASU, Australian Services Union, wage theft, Loophole, SACS