National Minimum Wage

Source: Fair Work Act 2009 (Cth), Part 2-6, Division 3 (ss 284-299); Fair Work Commission Annual Wage Review

Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.

Australian Federal Law

What is this right?

Every employee in Australia covered by the national workplace relations system has the right to be paid at least the national minimum wage. The Fair Work Commission reviews the rate every year and announces any changes in its Annual Wage Review, which typically takes effect on 1 July.

As of 1 July 2025, the national minimum wage is $24.90 per hour, or $946.20 per 38-hour week (before tax). The rate is reviewed every year and typically increases each July. Casual employees receive an additional 25% casual loading on top of this rate.

Many workers are covered by a modern award or enterprise agreement that sets a higher minimum pay rate for their job. Your employer must pay you whichever rate is higher — the national minimum wage or the rate in your award or agreement.

  • Junior employees (under 21) may have a lower percentage-based rate set by their award.
  • Apprentices and trainees have separate minimum rates based on their year of training.

When does it apply?

  • You are an employee in the national workplace relations system (covers most private-sector workers).
  • You are not covered by an award or enterprise agreement that sets a higher rate.
  • Independent contractors are generally not covered. If you think you've been wrongly classified, you may still have rights.
  • Western Australia's state system covers some WA state-government and unincorporated employers separately.

What should you do?

  • Check your pay slips against the current minimum wage or your award rate at fairwork.gov.au.
  • Use the Fair Work Ombudsman's Pay Calculator to find your exact minimum rate.
  • If you are underpaid, raise it with your employer in writing first.
  • If the issue isn't fixed, contact the Fair Work Ombudsman on 13 13 94 or lodge a complaint online. Claims can go back 6 years.

What should you NOT do?

  • Don't assume your pay is correct just because your employer says so — check the rate yourself.
  • Don't agree to be paid cash-in-hand below the minimum wage. This is illegal and you lose protections like super and workers' comp.
  • Don't ignore the issue because you're on a visa — visa holders have the same minimum wage rights as citizens.

You came here to know your rights — help someone else know theirs.

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