The Recovery of Wages: Legal Services and Access to Justice

A basic test of a labour law regime is the enforcement of minimum wage and other entitlements. This paper is concerned with the recovery of underpayments especially recovery of ‘small’ amounts by workers who are vulnerable in the marketplace. We gauge levels and quality of access to the legal information and advice which is necessary for workers to determine their legal entitlements. We also assess the level of services accessible to workers when they need assistance to pursue an underpayment claim within the mainstream civil justice system. In the context of the broader workplace relations reforms which are proposed within the federal sphere, we welcome the expansion of the enforcement agency, to be renamed the Offi ce of the Fair Work Ombudsman, but argue in favour of retaining the existing support services.