National Minimum Wage in Western 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 Western Australia differs from federal law
Western Australia is unique among Australian states in maintaining a robust, separate state industrial relations system alongside the national system. The Industrial Relations Act 1979 (WA) covers state government employees, local government employees, and some private-sector workers not covered by federal awards.
- The WA Industrial Relations Commission (WAIRC) sets the WA minimum wage annually through its State Wage Case. The WA minimum wage generally matches or closely follows the national minimum wage.
- WA's state system covers approximately 30% of WA workers, primarily state government employees, local government workers, and private-sector workers in non-incorporated businesses (sole traders and partnerships).
- Private-sector workers employed by incorporated companies (Pty Ltd) are generally covered by the national system under the Fair Work Act 2009 (Cth), as the federal system applies to constitutional corporations.
- The Department of Mines, Industry Regulation and Safety (DMIRS) administers the state industrial relations system and enforces WA employment law, including the Minimum Conditions of Employment Act 1993 (WA).
Additional Steps in Western Australia
National system workers contact the Fair Work Ombudsman (13 13 94). State system workers contact DMIRS (dmirs.wa.gov.au or 1300 655 266) or the WAIRC (wairc.wa.gov.au). Free employment law advice from the Employment Law Centre of WA (elcwa.org.au or 1300 520 054).
Relevant Law: Fair Work Act 2009 (Cth); Industrial Relations Act 1979 (WA); Minimum Conditions of Employment Act 1993 (WA)
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.