Contravention
A contravention is when there is a failure to adhere to the requirements set out in the Fair Work Act 2009, awards, or registered agreements. It is also commonly referred to as a breach.
Contravention in the workplace context refers to not meeting the legal obligations under employment laws, awards, or agreements. This could include not paying the correct wages, not providing entitled leave, or not adhering to safety regulations. A breach of these rules can lead to legal consequences for the employer.
Penalties for a contravention
Rates current from 1 July 2026.
Contraventions of the Fair Work Act, such as underpaying wages, breaching the National Employment Standards or failing to keep records and issue pay slips, can lead to civil penalties. For conduct on or after 1 July 2026, the maximum per contravention is $21,840 for an individual, $109,200 for a small business company and $546,000 for other companies, and ten times those amounts for serious (knowing or reckless) contraventions. Intentional underpayment can also be a criminal offence. For example, a business that repeatedly fails to issue pay slips could face penalties and an order to fix its records.
An HR compliance audit can find and fix problems early. Read our guide to back pay.
General information only
This content is general information about Australian employment law, current at the date it was last reviewed. It does not take your circumstances into account and is not legal advice. For advice about your situation, call Employment Compass on 1300 144 002.
Last reviewed: October 2026
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