Money claims / monetary claims

This page provides procedural information about a ‘money claim’ or ‘monetary claim’ made under sections 9 and 10(1)(b)of the Fair Work Act (1994) (SA) (the State Act) and under section 545 of the Fair Work Act 2009 (Cth).  An application may also be made for a pecuniary penalty under section 546 of the Fair Work Act 2009 (Cth).

Information about money claims made under section 19 of the Return to Work Act 2014 can be found here.

Who can apply?

A claim may be brought by an employee against an employer or by an employer against an employee (including former employers or employees).

What do I need to do?

You may wish to consider whether the employer can pay the money you believe you are owed.

If your employer has no money, it may not be worth taking the matter to court. You could do a company search and if the employer is in the hands of a receiver or liquidator you should contact the receiver or liquidator directly.

If you wish to proceed, your application to SAET should set out clearly what you are seeking and the reasons why, so your employer understands the claim. This should include the amount you are claiming and under what entitlements or conditions, specifying each amount separately.

You should gather evidence such as payslips or timesheets before you lodge an application with SAET. It is not necessary to attach these documents to your application, but you should be prepared to provide them if directed by SAET to do so.

When your application is received, SAET will ask your employer to respond.

You may wish to seek help from a lawyer, union, registered agent or other representative.

If you are an employee making the claim, it is important that you name the employer carefully. Check the name of your employer. It will be on official documents such as your payslip and contract of employment.

What can I expect?

You and the employer must attend at the date and time specified on the SAET documents.

The employer is required to respond in the “Answer/Response” form, which SAET should receive within 14 days. The respondent must also send you a copy.

You and the employer will be asked to participate in a conciliation process, which aims to settle the matter by agreement. It is informal and private with each party given an opportunity to explain their position.

The SAET Member presiding at conciliation may speak to you and the employer separately to develop settlement options. Anything you say privately will not be repeated to the other party without your permission.

You must attend the conciliation process yourself, but you may bring a lawyer, union representative, registered agent, or other representative with you.

If the matter doesn’t resolve at conciliation, then it will be given a date for a directions hearing. This is an informal type of hearing, often conducted by telephone.  The SAET Member may make directions about what you and the employer need to do in preparation for a trial.  A settlement conference may be held to see if an agreement can be reached without the need for a trial.

Form(s)

Please obtain the relevant form(s) via the SAET Forms page. 

Is there a filing fee?

There is no filing fee payable to SAET for money claims made under sections 9 and 10(1)(b) of the State Act, or section 545 of the Fair Work Act 2009 (Cth).

Monetary Claims – legal costs

Section 36 of the State Act limits the circumstances in which a party to a monetary claim may be liable for the legal costs of the other party – generally there will only be an exposure to such costs if a party brings an unsuccessful appeal against an initial decision on a claim.

Parties should note however that if a monetary claim is brought under section 10(1)(b) of the State Act, legal costs of any proceedings will be awarded on the same basis as costs would be awarded in a corresponding civil action brought in the District Court or the Magistrates Court.

Where can I find more information?

You may wish to contact a union, employee association or a lawyer.  More information about where you can get legal and other advice can be found here.

If this is a monetary claim under the State Act contact SafeWork SA on 1300 365 255.

If it is under the Fair Work Act 2009 (Cth) contact the Fair Work Ombudsman on 13 13 94 or www.fairwork.gov.au.

If you have further questions, you can contact the SAET Registry.  Staff cannot suggest the likelihood of your case succeeding or offer legal advice.