Victoria National Minimum Wage Laws (2026)
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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 the national system has a right to at least the national minimum wage. The Fair Work Commission resets it every year through the Annual Wage Review, with the new rate taking effect on 1 July.
From 1 July 2025, that floor is $24.95 per hour, or $948.00 per 38-hour week before tax. The 2026 Annual Wage Review decision lands in June 2026 and takes effect 1 July 2026. Casual employees add a 25% casual loading on top — that loading is the trade-off for not getting paid leave or notice on termination.
The wrinkle that catches most underpayment cases: many workers are covered by a modern award or an enterprise agreement setting a higher rate than the national minimum. The employer has to pay whichever is higher — the national rate or the award rate.
- Junior employees (under 21) often have a lower percentage rate set by their award.
- Apprentices and trainees have separate minima keyed to 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
Underpayment cases are won on the pay slips and the timesheet, not on memory.
- Check your pay slips against the current minimum or your award rate at fairwork.gov.au.
- Use the FWO's Pay Calculator to confirm the exact minimum for your award and classification.
- Raise underpayment with the employer in writing first. Many issues are payroll errors that get fixed once flagged.
- If nothing changes, call the Fair Work Ombudsman on 13 13 94 or lodge online. Underpayment claims can reach back 6 years.
What should you NOT do?
- Don't take the employer's word for it. Check the rate yourself — payroll mistakes outnumber payroll fraud, but the gap matters either way.
- Don't accept cash in hand below the minimum. It's illegal and it strips you of super, workers' comp, and most enforcement leverage.
- Don't shrug it off because you're on a visa. Temporary visa holders have the same wage protections as citizens — and the FWO has been increasingly aggressive on visa-worker exploitation.
How Victoria differs from federal law
Victoria referred its industrial relations powers to the Commonwealth in 1996, meaning virtually all private-sector workers in Victoria are covered by the federal Fair Work Act 2009 (Cth) and the national minimum wage set by the Fair Work Commission.
- Unlike NSW, Victoria does not have a separate state industrial relations system for private-sector workers. The referral was made under section 51(xxxvii) of the Constitution through the Commonwealth Powers (Industrial Relations) Act 1996 (Vic).
- Victorian Government employees (public servants, teachers, police, emergency services) are covered by Victorian public sector enterprise agreements negotiated under the Fair Work Act, with the Victorian Government as employer.
- The Victorian Wage Inspectorate enforces compliance with certain state-specific employment laws, including the Long Service Leave Act 2018 (Vic) and the Child Employment Act 2003 (Vic).
- Victoria's Labour Hire Licensing Act 2018 requires all labour hire providers operating in Victoria to hold a licence, helping ensure workers receive at least the minimum wage and correct entitlements.
Additional Steps in Victoria
Report underpayment to the Fair Work Ombudsman (fairwork.gov.au or 13 13 94). For Victorian-specific employment laws, contact the Victorian Wage Inspectorate (wageinspectorate.vic.gov.au). Free legal help is available from JobWatch (jobwatch.org.au, 1800 331 617).
Relevant Law: Fair Work Act 2009 (Cth); Commonwealth Powers (Industrial Relations) Act 1996 (Vic); Labour Hire Licensing Act 2018 (Vic)
Common Questions
What is the national minimum wage right in Australia?
Every employee in the national system has a right to at least the national minimum wage. The Fair Work Commission resets it every year through the Annual Wage Review, with the new rate taking effect on 1 July.From 1 July 2025, that floor is $24.95 per hour, or $948.00 per 38-hour week before tax. The 2026 Annual Wage Review decision lands in June 2026 and takes effect 1 July 2026. Casual employees add a 25% casual loading on top — that loading is the trade-off for not getting paid leave or notice on termination.The wrinkle that catches most underpayment cases: many workers are covered by a mod...
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?
Underpayment cases are won on the pay slips and the timesheet, not on memory.Check your pay slips against the current minimum or your award rate at fairwork.gov.au.Use the FWO's Pay Calculator to confirm the exact minimum for your award and classification.Raise underpayment with the employer in writing first. Many issues are payroll errors that get fixed once flagged.If nothing changes, call the Fair Work Ombudsman on 13 13 94 or lodge online. Underpayment claims can reach back 6 years.
What mistakes should I avoid with national minimum wage?
Don't take the employer's word for it. Check the rate yourself — payroll mistakes outnumber payroll fraud, but the gap matters either way.Don't accept cash in hand below the minimum. It's illegal and it strips you of super, workers' comp, and most enforcement leverage.Don't shrug it off because you're on a visa. Temporary visa holders have the same wage protections as citizens — and the FWO has been increasingly aggressive on visa-worker exploitation.
National Minimum Wage in other states
Same topic, different jurisdiction. Pick the one that applies to you.