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Payroll and wage compliance

Payroll and Wage Compliance Reviews

Find out whether your people have been paid correctly under their award or enterprise agreement, put a defensible figure on any underpayment, and fix it before it becomes a regulator, union or wage theft problem.

  • Know exactly what is owed, to whom, and why
  • Recalculations you can defend to the Fair Work Ombudsman
  • Remediation planned with your employment lawyer

Received a Fair Work Ombudsman notice or an underpayment claim?

Notices come with deadlines, and the figures you give back matter. We help you work out exactly what is owed, document it properly, and respond with your employment lawyer.

  1. Note the deadline and exactly what the notice asks for
  2. Speak to your employment lawyer before you reply
  3. Keep all payroll, roster and timesheet records
  4. Get an independent recalculation of what is owed

What we do

Most underpayments are not deliberate. They come from complex Modern Awards and enterprise agreements, annualised salaries that no longer cover overtime and penalties, and payroll settings nobody has checked in years.

We test your payroll against the industrial instruments that apply, recalculate entitlements for a sample or for every employee, and quantify underpayments, overpayments and superannuation shortfalls.

We work alongside your employment lawyer, so legal advice and our calculations line up, and the findings are ready for the Fair Work Ombudsman, auditors or a court if needed.

How we help, stage by stage

  • 1. Risk review

    A review of your payroll system, settings and processes to find where the compliance risks are, before anyone else does.

  • 2. Recalculation

    Sample or full historical recalculations of wages, penalty rates, overtime, allowances, leave and superannuation, including annualised salary reconciliations.

  • 3. Fixing the cause

    Identify the systemic errors behind the underpayment, such as award misclassification or payroll configuration, so it doesn't recur.

  • 4. Employee remediation

    Calculate back pay, superannuation and interest per employee, and support communications and rectification payments.

  • 5. Regulators and disputes

    Support when dealing with the Fair Work Ombudsman, independent reviews for enforceable undertakings, and expert evidence in underpayment claims.

Our approach

  • Agree the period, employee groups and industrial instruments to test, usually through your employment lawyer.
  • Extract payroll, roster and time-and-attendance data, and use data analytics to recalculate at scale.
  • Report results per employee, with the method, assumptions and legal interpretations clearly set out.
  • Help plan remediation and controls so the issue is closed properly.

We provide the financial analysis and recalculations. Award interpretation, self-reporting and cooperation with the Fair Work Ombudsman need advice from your employment lawyer.

Principal

Erin Huang, principal of Maxwind Analytics, in a dark suit in an office

Principal

Erin Huang, CPA

Principal, Maxwind

Erin is the principal of Maxwind Analytics. Her background combines corporate finance, building and running businesses, and specialist valuation and forensic work.

Maxwind Analytics has advised Melbourne businesses and their advisers since 2020.

About Erin

How the engagement works

  1. Confidential first discussionTell us what has prompted the concern. We suggest starting through your lawyer where appropriate.
  2. Sample testA recalculation for a sample of employees and pay periods shows whether there is a problem and roughly how large it is.
  3. Full review if neededA full recalculation for the affected employees and period, with a per-employee result.
  4. Remediation supportBack pay and superannuation figures, fixes to the cause, and support with regulators.

Fees and timing

A sample test is offered with a clear scope and a fixed fee. If a full review is needed, it is scoped from the sample and also quoted as a fixed fee.

Questions people ask

Is underpaying staff a crime in Australia?

It can be. Since 1 January 2025, an employer who intentionally underpays wages, superannuation or other entitlements can commit a criminal offence under the Fair Work Act. Honest mistakes that are corrected are treated differently. Victoria also has its own wage theft laws. Get legal advice and an independent recalculation early.

Read the full answer

What is payroll remediation and how does it work?

Payroll remediation is the process of finding, calculating and repaying wages and entitlements that employees were underpaid, and fixing the cause. It usually runs in stages - risk review, recalculation, fixing the payroll error, repaying employees, and dealing with regulators - with an employment lawyer advising throughout.

Read the full answer

Questions we are often asked

We've received a Fair Work Ombudsman notice. Can you help?

Yes. We work with your employment lawyer to recalculate what each employee should have been paid, quantify any shortfall including superannuation, and document the method so your response is accurate and defensible. Call as soon as you receive the notice so we can work to its deadline.

An employee says they've been underpaid. What should we do?

Keep the records, speak to your lawyer, and get the claim checked independently. A recalculation shows whether the claim is right, and whether other employees may be affected.

Should we involve a lawyer first?

Usually yes. Engaging the review through your lawyer may help protect confidentiality, and you need legal advice on self-reporting and remediation.

Which industries are most at risk?

Any business with award-covered staff, shift work or annualised salaries. Hospitality, retail, health and aged care, cleaning, security and professional services firms with salaried staff working long hours are common examples.

Can you review a sample before a full review?

Yes. A sample test is the usual first step and often answers whether a full review is needed.

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