What is the least I can legally be paid?

The National Minimum Wage applies to employees not covered by an award or registered agreement. This is the minimum pay rate provided by the Fair Work Act 2009 and is reviewed each year.

• Minimum wages - Fair Work Ombudsman fairwork.gov.au

If an employee is covered by an award or agreement, the minimum wage set out in the award will apply instead of the National Minimum Wage.

• Minimum wages - Fair Work Ombudsman fairwork.gov.au

All employees working in Australia are entitled to a minimum wage. This is the minimum amount an employee can be paid for the work that they're doing.

• Minimum wages - Fair Work Ombudsman fairwork.gov.au

Source reference for page: Fair Work Act 2009 sections 282–287, 293–195, 536AA

• Minimum wages - Fair Work Ombudsman fairwork.gov.au

Job advertisements (ads) can't include pay rates that breach:

the Fair Work Act, or

a fair work instrument (such as an award or enterprise agreement).

• Minimum wages - Fair Work Ombudsman fairwork.gov.au

Source reference for page: Fair Work Act 2009 sections 327A–327C, 717A–717B

• fairwork.gov.au

An employer must not contravene a term of a national minimum wage order.

This section is a civil remedy provision (see Part 4‑1).

293 Contravening a national minimum wage order An employer must not contravene a term of a national minimum wage order.

• Fair Work Act 2009 legislation.gov.au

A national minimum wage order:

(a) must set the national minimum wage; and

(b) must set special national minimum wages for all award/agreement free employees in the following classes:

(i) junior employees;

(ii) employees to whom training arrangements apply;

(iii) employees with a disability; and

(c) must set the casual loading for award/agreement free employees.

294 Content of national minimum wage order—main provisions Setting minimum wages and the casual loading (1) A national minimum wage order: (a) must set the national minimum wage; and (b) must set special national minimum wages for all award/agreement free employees in the following classes: (i)

e employees in the following classes: (i) junior employees; (ii) employees to whom training arrangements apply; (iii) employees with a disability; and (c) must set the casual loading for award/agreement free employees.

• Fair Work Act 2009 legislation.gov.au

must require employers to pay employees to whom the national minimum wage applies a base rate of pay that at least equals the national minimum wage; and

294 Content of national minimum wage order—main provisions Setting minimum wages and the casual loading (1) A national minimum wage order: (a) must set the national minimum wage; and (b) must set special national minimum wages for all award/agreement free employees in the following classes: (i)

Requiring employers to pay minimum wages and the casual loading (2) The order: (a) must require employers to pay employees to whom the national minimum wage applies a base rate of pay that at least equals the national minimum wage; and (b) must require employers to pay to employees to whom a special national minimum wage applies a base rate of pay that at least equals that special national minimum wage; and (c) must require em

• Fair Work Act 2009 legislation.gov.au

The FWC must conduct and complete an annual wage review in each financial year.

(a) must review:

(i) modern award minimum wages; and

(ii) the national minimum wage order; and

(c) must make a national minimum wage order.

285 Annual wage reviews to be conducted (1) The FWC must conduct and complete an annual wage review in each financial year.

• Fair Work Act 2009 legislation.gov.au

The FWC must establish and maintain a safety net of fair minimum wages, taking into account:

(a) the performance and competitiveness of the national economy, including productivity, business competitiveness and viability, inflation and employment growth; and

(c) relative living standards and the needs of the low paid; and

This is the minimum wages objective.

284 The minimum wages objective What is the minimum wages objective? (1) The FWC must establish and maintain a safety net of fair minimum wages, taking into account: (a) the performance and competitiveness of the national economy, including productivity, business competitiveness and viability, inflation and employment growth; and (aa) the ne

• Fair Work Act 2009 legislation.gov.au

(a) minimum wages (including wage rates for junior employees, employees with a disability and employees to whom training arrangements apply), and:

(i) skill‑based classifications and career structures; and

(ii) incentive‑based payments, piece rates and bonuses;

139 Terms that may be included in modern awards—general (1) A modern award may include terms about any of the following matters: (a) minimum wages (including wage rates for junior employees, employees with a disability and employees to whom training arrangements apply), and: (i) skill‑based classifications and career structures; and (ii) incentive‑based payments, piece rates and bonuses; (b) type of employment, such as full‑time employment, casual employment, regu

• Fair Work Act 2009 legislation.gov.au

This is the National Minimum Wage Order 2026.

The national minimum wage is $1004.90 per week, calculated on the basis of a week of 38 ordinary hours, or $26.44 per hour.

• fwc.gov.au

This is the National Minimum Wage Order 2026.

The casual loading for award/agreement free employees is 25 per cent.

• fwc.gov.au

This is the National Minimum Wage Order 2026.

An employer of an employee to whom the national minimum wage applies must pay the employee a base rate of pay that at least equals the national minimum wage.

• fwc.gov.au

This is the National Minimum Wage Order 2026.

This order, which replaces the National Minimum Wage Order 2025, continues in operation until the next national minimum wage order comes into operation.

• fwc.gov.au

A reminder that the Commission is the national workplace relations tribunal and registered organisations tribunal.

We're the Fair Work Ombudsman. Our role is to give you advice and assistance on workplace laws, including on the minimum wage increase.

• fairwork.gov.au

The order comes into operation on 1 July each year and covers employees in the national system.

• fwc.gov.au

From 1 January 2025, intentional underpayment of wages or entitlements can be a criminal offence. This doesn’t include honest mistakes.

• fairwork.gov.au

A small business employer can’t be referred for criminal prosecution by us if:

we’re satisfied that they’ve complied with the Voluntary Small Business Wage Compliance Code (the Code).

• fairwork.gov.au

In 2024–25, we recovered more than $358 million in unpaid wages for more than 249,000 workers,

• fairwork.gov.au

In 2024–25 we:

filed 73 litigations.

• fairwork.gov.au

Each year, the Fair Work Commission reviews both the National Minimum Wage and minimum pay rates under awards (Annual wage review). Most changes begin on the first full pay period on or after 1 July.

• Minimum wages - Fair Work Ombudsman fairwork.gov.au

As of 1 July 2026, the National Minimum Wage is $26.44 per hour or $1004.90 per week.

• Minimum wages - Fair Work Ombudsman fairwork.gov.au

This order comes into operation on 1 July 2026 and takes effect in relation to a particular employee from the start of the employee’s first full pay period that starts on or after 1 July 2026.

• fwc.gov.au

This is the National Minimum Wage Order 2026.

This order, which replaces the National Minimum Wage Order 2025, continues in operation until the next national minimum wage order comes into operation.

• fwc.gov.au

From 1 July 2026 minimum award wages increase by 4.75%, provided that:

• fairwork.gov.au

From 1 July 2026 minimum award wages increase by 4.75%, provided that:

the lowest rate in any award that applies to ongoing employment must be at least $1,004.90 per week or $26.44 per hour

• fairwork.gov.au

From 1 July 2026 minimum award wages increase by 4.75%, provided that:

any entry-level rate that applies to the first 6 months (or less) of employment must be at least $978.10 per week or $25.74 per hour.

• fairwork.gov.au

From 1 July 2026, employers need to pay superannuation contributions at the same time they pay their employees’ wages.

• fairwork.gov.au

From 1 January 2025, intentional underpayment of wages or entitlements can be a criminal offence. This doesn’t include honest mistakes.

• fairwork.gov.au

A reminder that the Commission is the national workplace relations tribunal and registered organisations tribunal.

The Fair Work Commission sets and enforces national employment standards.

• fairwork.gov.au
• Wrongful Termination | Employsure | Employer Guide employsure.com.au

Together, the NES and national minimum wage provide the minimum entitlements for most businesses in Australia.

• National Employment Standards | The Fair Work Act | Employsure Guides employsure.com.au

The act serves to provide a safety net of minimum entitlements such as a national minimum wage increase , and the National Employment Standards (the NES) with further employment conditions and entitlements set out in Modern Awards or enterprise or other registered agreements.

• Employment Law in Australia | Fair Work Act | Employsure employsure.com.au