Up to 10 years in prison for deliberate ‘wage theft’

HomeInsights

Up to 10 years in prison for deliberate ‘wage theft’.


Legislation currently being debated in Parliament will introduce a new criminal offence for intentional “wage theft”. If enacted, in addition to the criminal offence, a fine will apply.  


The fine is three times the underpayment and:

  • For individuals - 5,000 penalty units (currently $1,565,000).
  • For businesses - 25,000 penalty units (currently $7,825,000).


The reforms are not intended to capture unintentional mistakes and a compliance ‘safe harbour’ will be introduced by the Fair Work Ombudsman for small businesses.

In addition to addressing wage theft, the Bill also seeks to:

  • Replace the definition of a ‘casual employee’ and create a pathway to permanent work.
  • Change the test for ‘sham contracting’ from a test of ‘recklessness’ to ‘reasonableness.’
  • Bolster the powers of the Fair Work Commission including the ability to set minimum standards for ‘employee-like’ workers including those in the gig economy.
  • Introduce a new offence of “industrial manslaughter” in the Work Health and Safety Act 2011.


What happens when a trust appoints income to a private company beneficiary but does not actually make the payment?

The tax treatment of this unpaid amount was at the centre of a recent case before the Administrative Appeals Tribunal (AAT) that saw a taxpayer successfully challenge the ATO’s long held position (Bendel and Commissioner of Taxation [2023] AATA 3074). For many years, the ATO’s position has been that if a trust appoints income to a private company beneficiary but does not actually make the payment, this unpaid amount can be treated as a loan. Under Division 7A of the tax rules, these loans can be taxed as unfranked dividends unless they are managed using a complying loan agreement with annual principal and interest repayments.

This AAT decision challenges an important ATO position, with the tax outcomes being potentially significant for trust clients that currently owe (or may have owed in the past) unpaid trust entitlements to related private companies.

But this is not the end of this story. On 26 October 2023, the Tax Commissioner lodged a notice of appeal to the Federal Court. There is no guarantee that the Federal Court will reach the same conclusion as the AAT. We will need to wait and see.

Let's work together.

We want our people to be the best they can be.


CONTACT US  CONTACT US 



The Critical-5 Financial Metrics That Drive Business Performance

Lunch & Learn Workshop // 4 September, 2026 - 12:00 - 1:30pm
$35pp includes lunch

Many business owners believe growth comes from more sales. But in reality, the strongest and most profitable businesses grow by improving how the business works, not just by selling more. This session is designed to change that. The 5-Critical Financial Metrics is a practical workshop that shows you where small, targeted changes can create disproportionately big improvements in profit, cashflow and sustainability.


Live Workshop: Finance Ready So Banks say YES

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Friday 31 August, 4:00pm-6:00pm
Join our practical, educational workshop designed to help business owners understand the lending process and in preparation for funding conversations, learn how lending decisions are really made and what banks actually look for. 


Live Workshop: Know Your Numbers

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Tuesday 25 August, 10:00am-12:00pm
This practical, confidence-building session is designed to give business owners control. Know Your Numbers is a hands-on workshop created specifically for non-financial business owners who want clarity and confidence in their decision-making. 


Live Workshop: Rising Insurance and Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 24 August, 5:30-7:30pm

This practical, education-first session helps business owners cut through the confusion and take back control of their business insurance decisions.


Live Workshop: AI & Automation for Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 10 August, 5:30-7:30pm

This practical session, in collaboration with the Mornington Peninsula Shire as part of the Small Business Festival, helps small business owners understand AI and automation and shows how small businesses can use smarter tools to reduce manual work, improve accuracy and create more capacity for growth.


B.I.T.E Business Conference 2026

Conference // 5 August, 2026 - ALL DAY EVENT
The B.I.T.E. Business Conference 2026 is the Mornington Peninsula’s premier event for bold business owners ready to rethink what’s possible, reinvent how they operate, and reignite their growth. Hear from global keynote speakers including Grant Hackett, Andrew Griffiths and Kate Christie plus local business innovators.


Skybots: Practical AI and Agentic Workflows Training Course MELBOURNE 22-23 June, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in MELBOURNE with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.



Skybots: Practical AI and Agentic Workflows Training Course BRISBANE 19-20 June, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in BRISBANE with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.


Payday Super Is Coming

WEBINAR // 28 May, 2026 - 12:30 - 1:15pm
From 1 July 2026, Australian employers must pay super on payday - not quarterly. Join us on Wednesday 28 May for a practical 45-minute briefing on what Payday Super actually requires, where the risks are for small businesses, and the steps you can take right now. Can’t make it live? Register anyway - all registrations will receive access to the recording to your inbox.


Pricing, Profit and Your Ideal Client: Why Being Busy Is Different To Being Profitable

Lunch & Learn Workshop // 22 May, 2026 - 12:00 - 1:30pm
$35pp includes lunch

This session is designed to change that. Pricing, Profit & Your Ideal Client is a practical workshop that helps you understand where your profit really comes from, how pricing decisions affect margins, and why working with clients that align with your business makes a measurable difference to both profit and cashflow. 


Federal Budget Special Update 2026 / 2027


Federal Budget 2026/2027 - FAQs

The Federal Budget, delivered on the night of May 12 2026, was one of the most significant in years. We know you will have questions — and we have put together this document to answer the ones we are hearing most.


Federal Budget 2026 / 2027

The 2026–27 Federal Budget brings major changes to CGT, negative gearing, trusts and super. Find out what it means for you and your business.


CASE STUDY: DiSC Profiling

This established production business was growing. A diverse team crossing over from admin, trades and operations. The team were all getting on with it, but with no real structure in place, the cracks were starting to show.


CASE STUDY: Cashflow Forecasting

Like a lot of growing businesses, revenue looked strong on paper, but timing was the issue. Jobs didn’t always start when expected, expenses were creeping up, and there was no clear visibility on when cash would be coming in versus going out.

Related News

13 May

Federal Budget 2026/2027 - FAQs

The Federal Budget, delivered on the night of May 12 2026, was one of the most significant in years. We know you will have questions — and we have put together this document to answer the ones we are hearing most.


READ MORE READ MORE
13 May

Federal Budget 2026 / 2027

The 2026–27 Federal Budget brings major changes to CGT, negative gearing, trusts and super. Find out what it means for you and your business.


READ MORE READ MORE
5 May

ATO Targets Property Development Structures - What You Need to Know

The ATO has released Draft Practical Compliance Guideline PCG 2026/D2, and it’s very clear where they’re focusing next, property development structures, particularly where land ownership and development activities are split.


READ MORE READ MORE