Criminalisation of Wage Theft under the Fair Work Act: A New Dawn for Deterrence?

Abstract

After much anticipation, the criminal offence of wage theft has been introduced into the 'Fair Work Act 2009' (Cth) as part of the Closing Loopholes reforms. Following a brief examination of the meaning and extent of 'wage theft', and a review of previous attempts to address it, the article considers the core elements and features of the new wage theft offence. It then sets out the most significant changes to the civil penalty regime as it applies to 'serious contraventions'. The analysis reveals that the interposition of criminal sanctions - into a predominantly civil domain - raises a number of regulatory conundrums: not least of which is whether criminal sanctions are likely to shift the ..