National Minimum Wage in South Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
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 $24.95 per hour, or $948.00 per 38-hour week (before tax). The 2026 Annual Wage Review decision is expected in June 2026, taking effect 1 July 2026. 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 to Do If Your Australian Employer Pays Below Minimum Wage
- 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.
How South Australia differs from federal law
Most private-sector workers in South Australia are covered by the national minimum wage set by the Fair Work Commission under the Fair Work Act 2009 (Cth). SA was an early referral state, having referred its industrial relations powers to the Commonwealth in 2010.
- Unlike NSW and Queensland, SA does not maintain a separate state industrial relations system for state government employees — the Fair Work Act covers virtually all SA workers, including state public servants.
- The SA Employment Tribunal (SAET), established under the South Australia Employment Tribunal Act 2014, hears certain employment-related disputes including equal opportunity, return to work, and some public sector matters, but wage-setting is a federal function.
- SA local government employees are covered by the Local Government Award under the national system.
- The Fair Work Ombudsman enforces minimum wage compliance throughout South Australia.
Additional Steps in South Australia
File underpayment claims with the Fair Work Ombudsman (fairwork.gov.au). For employment tribunal matters, contact the SA Employment Tribunal (saet.sa.gov.au). Free legal advice is available through the Legal Services Commission of SA (1300 366 424).
Relevant Law: Fair Work Act 2009 (Cth); Fair Work (Commonwealth Powers) Act 2009 (SA); South Australia Employment Tribunal Act 2014 (SA)
Common Questions
When does national minimum wage 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 I do if my employer in Australia is paying me below the minimum wage?
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 mistakes should I avoid with national minimum wage?
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.
National Minimum Wage in other states
Same topic, different jurisdiction. Pick the one that applies to you.