18 June 2026

RSPCA QLD has rectified approximately $4.3 million in underpayments, including interest and superannuation, to 1,008 staff as part of an Enforceable Undertaking (EU) with the Fair Work Ombudsman.

The not-for-profit animal welfare organisation has rectified the underpayments to all employees it can find. Affected staff worked in 14 locations across Queensland, including Brisbane – where the majority of the underpayments occurred – the Sunshine Coast, Logan, Cairns, Gladstone and Townsville.

Underpaid workers included current and former veterinary, administrative, retail and café staff. Staff employed on a casual, full-time and part-time basis were affected.

RSPCA QLD’s underpayments were caused by the employer incorrectly applying undertakings and clauses in two of its Enterprise Agreements. Also under these agreements, times worked or contracted hours of work were not applied correctly with respect to minimum hours entitlements, penalty rates, overtime rates and allowances. Clerical workers were incorrectly paid under an Award rather than the Enterprise Agreement.

Meanwhile, provisions set out under two relevant Awards were applied incorrectly, short-changing employees their overtime and penalty rates and failing to meet the requirements around minimum engagement. Finally, annual leave entitlements were not met.

Overall, employees were underpaid their minimum rates of pay; various allowances; overtime and penalty rates; leave payments including loading; and minimum engagement obligations for shifts performed.

After a change in payroll staff prompted a review, the charity self-reported its non-compliance to the Fair Work Ombudsman in September 2023.

The underpayments span February 2017 to October 2024. RSPCA QLD has so far remediated more than $4.13 million, including about $718,000 interest and about $134,000 superannuation, to 872 current and former employees.

Back-payments to individual employees range from less than a dollar to $70,383, including superannuation and interest. The average back-payment was $3,943.

Outstanding wages owed to workers the employer cannot find have been paid into the Commonwealth Consolidated Revenue Fund.

Fair Work Ombudsman Anna Booth said an EU was appropriate as the not-for-profit employer had cooperated with the FWO’s investigation and showed commitment to rectifying underpayments found and preventing them in the future.

“Under the Enforceable Undertaking, RSPCA QLD must commission an independent audit, at its own cost, to check its compliance with workplace laws – and rectify any further breaches,” Ms Booth said.

“We welcome RSPCA QLD’s acknowledgement of its breaches and the underlying issues, and the measures taken to rectify them and ensure future compliance for their workers.”

Ms Booth said the matter showed employers must check their systems are fit-for-purpose and meeting obligations to pay employees all their correct pay and entitlements.

“The matter serves as a warning of the significant long-running problems that can result from an employer failing to have appropriate checks and balances to ensure workplace compliance. We expect employers to meet their legal obligations under their own enterprise agreements and any applicable awards,” she said.

“Worker entitlements such as overtime and penalty rates are important and can soon create a large underpayment bill if they’re not correctly paid when they should be.”

The terms of the EU require RSPCA QLD to ensure payroll staff have the right training. RSPCA QLD staff will be able to speak up about any concerns regarding their pay or conditions through a hotline. In addition, the charity’s board will be required to monitor its compliance with workplace laws. It must also consult regularly on the topic of wage compliance with employees and their union.

The EU also requires RSPCA QLD to notify former and current employees about the underpayments. The employer must also tell the FWO about new systems and processes it is implementing to ensure future compliance with the current enterprise agreement, modern awards and any future industrial instruments.

Employers and employees can call the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au for free advice and assistance. An interpreter service is available on 13 14 50. Workers can also seek information from their employer, or their union if they are a member.

Employers can seek information from their employer association if they are a member.

Employers can seek guidance on how to fix underpayments, including access to tools and resources such as the Payroll Remediation Program Guide, on the FWO’s website.