National Minimum Wage in Victoria
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 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
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.