This page is about migrants’ workplace rights under Australian law. The information is general and is not legal advice. You should always get legal advice about your particular situation.

Last updated 29 August 2024. For the most up-to-date information visit: fairwork.gov.au/.

Minimum wages in Australia

Minimum wages in Australia apply to employees but not to independent contractors (workers on an ABN).

  • From 1 July 2024, if you are 21 or above, the national minimum wage is $24.10/hour or $915.90 a week.   An updated national minimum wage is introduced on 1 July every year.  

    Different industries may have a higher minimum wage. If you are under 21, the minimum wage may be lower.  

    For more information, see: 

  • From 1 July 2024, if you are 21 or above, the minimum hourly wage for a casual worker is $30.13/hour (the national minimum wage, plus 25%). 

    Casual workers have a right to higher pay. This is usually at least an extra 25% (called ‘casual loading’) on top of the minimum wage that applies to the worker.

    This is because casual workers have fewer rights than workers who are permanently employed as full-time or part-time workers. Casual workers aren’t guaranteed regular work. They don’t know how long they will be employed, don’t have fixed days and times of work, and don’t get paid holiday or sick leave.

    For more information, see: 

  • People who are in Australia on a visa (permanent or temporary), or without a valid visa, are always entitled to the same minimum wage as Australian citizens and generally have the same rights at work as Australian citizens.  

    An employer cannot pay someone on a visa less than the minimum wage, even if they have less work experience or poor English, perform badly at work or make mistakes, or have not followed their visa conditions or are working without a visa. 

  • You are not breaking the law and cannot get in trouble for agreeing to be paid less than the minimum wage.

    The responsibility is on the employer to pay you the minimum wage, even if you agree to be paid less. Your employer has broken the law by not paying you the minimum wage and you can take legal action against them for the wages they owe you.  

My rights at work

These rights apply to employees but not to independent contractors.

  • Your working rights and conditions depend on a number of things:

    • Whether you are full-time, part-time or casual

    • An Award, which sets out the pay and conditions for an entire industry OR an agreement which applies to employees in a workplace (called an Enterprise Agreement)

    • The National Employment Standards which are basic minimum standards for all employees in Australia;

    • An employment contract between you and your employer, which can be written or verbal or both.

    Even if you have not received a written contract, you are entitled to the National Employment Standards and to the rights set out in an Award or Enterprise Agreement that applies to you.  

    Understanding your work rights can be difficult, especially if your employer has not given you any written information. You can seek help via our Referrals page.

    For more information, see:

  • It is not illegal for you to accept wages in cash.

    Under Australian law, an employer is allowed to pay wages in cash. You are not breaching your visa by agreeing to a cash-in-hand job (if your visa allows you to work). Accepting wages in cash can never lead to your visa being cancelled (if your visa allows you to work).

    However, even where an employer pays you in cash, they must take tax out of your pay, to give to the government on your behalf. They must also pay superannuation on your behalf and give you regular payslips (see Do I have a right to superannuation? and Do I have a right to a payslip? below).

    For more information, see:

  • Your employer might take money out of your pay to cover things like your accommodation, transport, or work equipment (called ‘deductions’). It is legal for your employer to make ‘deductions’ in certain situations only.

    All deductions must be reasonable and mainly for your benefit. You can give your employer permission in writing to make these deductions. Or the deduction could be allowed under an Award or Agreement that applies to you.

    An employer is not allowed to deduct money from your pay if you make a mistake at work, like if you accidentally break something, or a customer does not pay.

    Your employer must set out the total amount of deductions on your payslip.

    Deductions are different from tax, which an employer must take out of your pay.

    If you’re not sure if your deduction is legal, seek legal help.

    For more information, see:

  • If you’re covered by an Award or Agreement (see How do I know my working rights, conditions and pay rates? above), it will probably set out your right to a higher rate of pay for work done at night, weekends and public holidays. This is called a ‘penalty’ rate. Your award or agreement might also set out an ‘overtime’ rate for when you work more than the ordinary hours per day or per week.

    For more information, see:

  • If you are working full-time, you are entitled to at least 4 weeks paid holiday leave (called ‘annual leave’) and at least 10 days paid sick or carers’ leave per year.

    If you are working part-time, you have the same rights to paid holiday and sick leave as full-time employees, but adjusted to your hours of work.   

    If you are a casual, you don’t get paid holiday and sick leave – but you get two days unpaid carer’s leave and two days unpaid compassionate leave (for a death or miscarriage).

    For more information, see:

  • Superannuation (super) is a form of compulsory retirement fund in Australia. Employers must pay a percentage of an employee’s income into a super fund (11.5% as of 1 July 2024).

    You can claim your super back from the fund when you leave Australia, as a Departing Australia Superannuation Payment.

    All employees in Australia over the age of 18, including temporary visa holders, have a right to superannuation. This is regardless of how much you earn. If you are under 18, you must work at least 30 hours per week to have a right to super.

    Your employer must tell you how much super they are paying on your pay slip (see Do I have a right to a pay slip? above).

    For more information, see:

  • Yes. Your employer must give you a payslip (a written statement of your pay) within 1 day of being paid.

    Payslips can help you figure out if you are getting paid correctly. They must set out your pay, the tax the employer is paying for you, any deductions, super payments, and hourly, overtime and penalty rates, amongst other things.

    If an employer does not provide the correct information on a payslip or does not give you a payslip on time, they are breaking the law.

    If your employer has paid you less that you are owed, you can go to court to claim your full wages. If your employer has not provided payslips or kept records, the court will assume your claim for underpayment is correct. The employer cannot win unless they have evidence that proves you wrong.

    If your employer has not given you correct payslips or you need help understanding your payslip, you can seek legal help.

    For more information, see:

  • Harassment, bullying and discrimination in the workplace is illegal in Australia. This includes sexual harassment (including unwanted touching and sexual comments) and discrimination on the basis of race, gender, religion, disability, or sexual orientation.

    If you have experienced any of these things you may be able to take legal action under employment law or anti-discrimination law in Australia. Seek help on whether the conduct you experienced is illegal, and on your options to take action.

    For more information, see:

  • Under Australian law, all employers must make sure that their workers do not get hurt or get sick because of the conditions in their workplace (called ‘work health and safety’).

    If you get injured or sick at work, you may be able to make a claim for ‘workers’ compensation’, to cover your medical bills and any wages you are missing out on because of your illness or injury.

    Each state and territory has a different agency for work health and safety that can give advice on workers’ compensation. Find the agency for your state or territory here.

    For more information, see:

  • Some mistreatment by an employer is so serious that it is criminal. It may be ‘modern slavery’, trafficking or forced labour.

    ‘Modern slavery’ is when a person is pressured or forced to work, threatened with violence or deceived, and they lose their ability to leave their work or accommodation or make choices for themselves.

    There are specific organisations that can help you if you feel you are powerless to complain about your work, cannot leave your work, or cannot say no to your employer. See a list of these organisations on our Referrals page. If you have experienced forced labour, modern slavery or trafficking, you may be entitled to special forms of immigration protection and support.

    Signs of forced labour and modern slavery include:

    ·       Having to work in unsafe conditions, excessive hours, or without pay

    ·       Having to pay back some of your wages in cash to your boss eg to pay off a debt

    ·       Being tricked about your job

    ·       Threats of harm to yourself or your family, including threats of reporting you to immigration

    ·       Having your passport confiscated

    ·       Not being able to leave your accommodation or workplace without permission

    ·       Violence, harassment, or abuse.

    For more information, see:

    ·       ILO, Indicators of Forced Labour

    ·       Red Cross, What is modern slavery?

ABNs and independent contracting

  • Employees work for another person or business, that controls the hours, place and the way work is done.

    Independent contractors run their own business and work for themselves. Generally, independent contractors use their own equipment, choose the hours they work, and decide how the work is done. They are required to have an Australian Business Number (ABN).

    If you work on an ABN for a food delivery, rideshare, or services platform (eg Uber, DiDi, AirTasker) you are probably an independent contractor when you are doing that work.

    Independent contractors have different rights to employees. They don’t have minimum wages and generally must manage their own tax, superannuation and injury compensation. However, if you’re having an issue – for example, with being paid or safety at work – you should still seek help on your options.

    For more information, see:

    From 26 August 2024, new minimum standards and protections apply to certain independent contractors in the gig economy and road transport industry. For more information, see Fair Work Ombudsman: Regulated workers

  • If you are genuinely performing work as an independent contractor, you need an ABN.

    However, some employers may ask a worker to work on an ABN so the employer can avoid paying legal minimum rates of pay, tax, and other entitlements like holiday and sick leave. They might ask you to work on an ABN when are really doing work as an employee and not as an independent contractor. This is called ‘sham contracting’, and it is illegal.

    For more information, see:

What should I do?

  • You can seek legal help on your options. See our list of organisations that can help you here.

    Employees can make a legal claim for unpaid wages within 6 years of the underpayment.

    Claims for harassment, bullying and discrimination generally must be made within a shorter period of time.

    For more information see:

  • Since 1 July, it has become easier for migrant workers to speak up and take legal action against employers who have breached their rights, without risking their visa.

    Some migrant workers will be able take legal action against their employer with a guarantee that their visa won’t be cancelled. For example, if you’ve breached your work conditions (eg worked more hours than permitted on your visa) but you’ve been underpaid, or mistreated in other ways at work, you’ll be able to bring a legal claim, without your visa being cancelled.  

    Some migrant workers may also be able to get a new visa to stay in Australia to take action against their employer. For example, if you’re at the end of your visa but want to bring an underpayment claim, you can stay in Australia to the end of the claim.

    Find out more about the visa on DHA's website.

    Find out more about the visa cancellation protections on DHA's website.

 

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