Fair Work: minimum wage and leave entitlements in Australia

The legal framework

Most employees working in Australia are protected by the Fair Work Act 2009 and the National Employment Standards (NES). The NES sets minimum entitlements that employers cannot reduce regardless of what an employment contract says.

National minimum wage from 1 July 2025

• Hourly: $24.10/hour
• Weekly (38 hours): $915.90/week

This is the floor for casual employees and workers not covered by a Modern Award. Many industries have Modern Awards that set higher rates based on classification and experience.

Casual loading: casual employees typically receive a 25% loading on top of the equivalent permanent rate, compensating for the absence of leave entitlements and job security.

Annual leave

• Full-time and part-time employees: 4 weeks per year (paid), accruing pro-rata with hours worked.
• Casual employees: no annual leave (compensated by casual loading).
• Shift workers: may be entitled to 5 weeks per year.
• Accrued annual leave is paid out on termination.

Personal/carer’s leave (sick leave)

• 10 days per year for full-time employees (pro-rata for part-time).
• Can be used for your own illness or to care for an ill family member.
• Encompasses sick leave and carer’s leave.
• Accumulates and carries over to subsequent years.
• Casual employees: no personal leave, but entitled to 2 days unpaid compassionate leave per instance.

Compassionate leave

• 2 days per occasion when an immediate family member dies or has a life-threatening illness or injury.
• Applies to full-time, part-time, and casual employees.

Superannuation

Employers must contribute 12% SG (from 1 July 2025) to your super fund each quarter. Super is over and above your wages — not deducted from them.

What to do if your rights are not met

If you are underpaid, missing super, or denied leave entitlements:

1. Speak to your employer first — many cases are unintentional errors.
2. Contact Fair Work Australia if unresolved:
   • Phone: 13 13 94 (Mon–Fri, 8am–5:30pm local time)
   • Online: fairwork.gov.au → “Helping resolve workplace issues”
3. Lodge an Anonymous Report if you don’t want to identify yourself.
4. Underpayment claims: Fair Work can recover wages underpaid in the past 6 years.

Employers cannot take adverse action (such as dismissal or reduced hours) against you for making a complaint. If they do, this may constitute unlawful adverse action or unfair dismissal, both of which carry separate legal remedies.