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EmploymentExplainer

Your rights at work in Australia

The minimum pay and conditions every employee in Australia is entitled to in 2026, including the National Minimum Wage, awards, the National Employment Standards, leave, payslips and super, the protections that apply whatever your visa, and where to get free help.

Checked 8 Oct 2026
Applies to
Employees in Australia, including casual, part-time and full-time workers and people on temporary visas. Independent contractors have different arrangements.
Effort
Low effort
Time needed
About 20 minutes to read; the Fair Work pay tools take a few minutes
Cost
Advice from the Fair Work Ombudsman is free
When
Before you accept a job offer and when you start work
On this page
  1. Overview
  2. Step by step
  3. Minimum pay in 2026
  4. The National Employment Standards
  5. Casual employees
  6. Payslips and super
  7. If you are on a visa
  8. Watch out
  9. Common mistakes
  10. Tips
  11. Frequently asked questions
  12. Official links
  13. In your plan
  14. Sources
  15. Related guides

Most employees in Australia are covered by the national workplace relations system under the Fair Work Act 2009. The Fair Work Ombudsman gives free advice and helps resolve problems, and the Fair Work Commission sets minimum wages and awards.

Your minimum pay and conditions come from three layers: the National Employment Standards (NES), which apply to everyone; an award for your industry or occupation, or a registered enterprise agreement; and your employment contract. A contract or award cannot give you less than the NES.

Step by step

  1. Step 1: Check your pay before you accept an offer

    Find out which award or agreement covers the job and check the minimum rate with the Fair Work Ombudsman's Pay and Conditions Tool.

  2. Step 2: Keep records

    Keep your contract, payslips, rosters and a note of the hours you actually work. They are your evidence if you are underpaid.

  3. Step 3: Raise problems early

    Talk to your employer first if something is wrong. If that does not resolve it, contact the Fair Work Ombudsman online or on its Infoline 13 13 94. For help in your language, call the Translating and Interpreting Service on 131 450 and ask them to call the Fair Work Ombudsman. You can also speak with a union or a workplace relations professional.

Minimum pay in 2026

  • From 1 July 2026, the National Minimum Wage is $26.44 per hour or $1,004.90 per week (before tax). It applies to employees not covered by an award or agreement.
  • If an award or registered agreement covers you, its minimum rates apply, including penalty rates and allowances, and these may be higher. Use the Fair Work Ombudsman's Pay and Conditions Tool or its pay guides to check the right rate.
  • Minimum wages are reviewed every year, and most changes start from the first full pay period on or after 1 July.
  • Job advertisements cannot offer pay rates that breach the Fair Work Act or an award or agreement.

The National Employment Standards

The NES are the minimum entitlements for all employees in the national system. They cover:

  • maximum weekly hours: 38 hours a week, plus reasonable additional hours;
  • requests for flexible working arrangements;
  • casual employment rules;
  • parental leave;
  • annual leave: 4 weeks a year for full-time and part-time employees, based on ordinary hours;
  • personal/carer's leave, compassionate leave and family and domestic violence leave: full-time employees get 10 days of paid sick and carer's leave a year (pro rata for part-time);
  • community service leave and long service leave;
  • public holidays;
  • superannuation contributions;
  • notice of termination and redundancy pay;
  • the Fair Work Information Statement, which your employer must give you when you start (and the Casual Employment Information Statement for casual employees).

Casual employees

Casual employees only receive some NES entitlements, such as unpaid carer's and compassionate leave and paid family and domestic violence leave, but not paid annual or sick leave. Instead they are usually entitled to a casual loading or a specific casual pay rate under their award, agreement or contract (the Fair Work Ombudsman's examples use a 25% loading).

Payslips and super

Your employer must give you a payslip within 1 working day of pay day, including when you are on leave. It shows your pay, deductions and the super paid for you. Most employees also receive the super guarantee (12% of qualifying earnings in 2026–27) on top of their wages; see Superannuation in Australia.

If you are on a visa

The Fair Work Ombudsman is clear that migrant workers have the same rights and protections as other employees, including pay, leave, protection from discrimination, notice of termination and final pay. These rights continue even if you have breached a visa condition, have no work rights or have no right to be in Australia.

  • Contacting the Fair Work Ombudsman will not cancel your visa. Your employer cannot cancel your visa either; only the Department of Home Affairs can grant, refuse or cancel visas.
  • Government pilot programmes (the Strengthening Reporting Protections Pilot and the Workplace Justice Visa Pilot) are designed to help visa workers report exploitation without fear of losing their visa.
  • It is illegal for anyone to ask you for money or another benefit in return for visa sponsorship, and cashback schemes (where an employer makes you pay back part of your pay or pay for a job) are also illegal.
  • Know your visa's rules on the type of work and hours you may do, and check them in VEVO.

Watch out

Be wary of jobs that ask for an upfront fee or ask you to receive money into your account and pass it on; Scamwatch describes these as scams.

Cash-in-hand work without payslips makes it hard to prove your hours, your pay and your super.

Common mistakes

  • Assuming a flat hourly rate covers weekend or public holiday work; awards often set penalty rates.
  • Not checking whether an award applies to your job.
  • Accepting a deduction from your pay for visa sponsorship or a job, which is illegal.

Tips

  • Register for a free Fair Work Ombudsman "My account" to receive minimum wage updates each year.
  • The Fair Work Ombudsman website can be translated into many languages from the menu at the top of each page.

Frequently asked questions

Editorial answers written by our team, based on the sources below.

Do I get the same pay as Australian colleagues if I am on a working holiday visa?

Yes. Visa workers are entitled to the same minimum pay rates and workplace conditions as any other employee doing the same job in their workplace.

How many hours can I work?

Under the NES, an employee can be asked to work a maximum of 38 hours a week plus reasonable additional hours. Separately, some visas limit how many hours you may work or for how long you may work for one employer; check your conditions in VEVO.

In your plan

  • Check your pay and rights at work
  • Give your employer your TFN and super details
  • Start looking for work in Australia

Sources

Written and checked by HomiStart editorial against the official sources below. Next scheduled check: 5 Feb 2027.

  1. Fair Work OmbudsmanOfficial source
    Minimum wages (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

    National Minimum Wage $26.44 per hour or $1,004.90 per week from 1 July 2026.

  2. Fair Work OmbudsmanOfficial source
    National Employment Standards (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  3. Fair Work OmbudsmanOfficial source
    Hours of work (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  4. Fair Work OmbudsmanOfficial source
    Annual leave (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  5. Fair Work OmbudsmanOfficial source
    Sick and carer's leave (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  6. Fair Work OmbudsmanOfficial source
    Casual employees (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  7. Fair Work OmbudsmanOfficial source
    Pay slips (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  8. Fair Work OmbudsmanOfficial source
    Visa holders and migrants (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  9. Australian Taxation OfficeOfficial source
    Super guarantee (key superannuation rates and thresholds) (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  10. Scamwatch (National Anti-Scam Centre, ACCC)Official source
    Jobs and employment scams (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

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