Workers' rights

Minimum hourly rates in Australia

In Australia, minimum rates depend on your industry, age, skills, hours worked and employee status.

First, even though technically there is one core minimum wage, there are different minimum rates for different job types and “awards,” an enforceable document containing minimum terms and conditions of employment in addition to any legislated minimum terms. For instance, the Horticulture Award 2020 applies to fruit pickers, the Wine Industry Award 2020 applies to grape picking employees, the Clerks—Private Sector Award 2020 applies to… well, you guessed it, clerks. If you’re not sure which award applies to you, if any, you can use the useful three-step “Find my award” tool.

Your status matters as well, for example full-time, part-time or casual employee. Since casual employees have less job security (no sick days, paid holiday, irregular schedules, no guarantee of work, etc.), their minimum wage is higher and “casual loading” (roughly +25% of a regular employee wage) applies. For instance, if a full-time employee is paid $20/hour, a casual employee gets $25/hour.

You can browse the full list of pay guides to find the one that applies to you.

Minimum hourly rate for employees under 21

If you’re under 21, in some case, a lower “junior pay rate” applies. Not all awards set out that younger employees are paid a percentage rate of the adult rate (85%, 75%, etc.).

Check your award using the Fair Work Ombudsman Pay guides and do a search with the keyword “junior.”

The Pay calculator tool

The Fair Work Ombudsman offers the useful Pay calculator to find current pay rates. You have to answer a few questions regarding the award applicable to you, your exact job title, age, status, etc. and you will get the official hourly pay rate along with “penalties” (i.e. bonuses) when applicable (i.e. overtime work, public holiday shift, etc.).

Piecework rate

Some industries, like the wine and horticulture industries, offer a “piecework rate.” In this case, you aren’t paid by the hour but by the quantity of fruit picked, buckets or bins filled, etc. The minimum pay rate doesn’t apply for pieceworkers.

For an in-depth overview of fruit picking jobs and the different pay rates, read Fruit Picking Jobs in Australia — What, Where, How (and Why!).

When and how do I get paid?

The pay frequency depends on your industry, employer, and awards (if applicable). You could get paid every week, bi-weekly, monthly etc.

Payment is generally made in cash or via electronic fund transfer (aka direct deposit) to your bank.

A word of warning: “cash in hand” means you get paid under the table. You do not have employee status, neither you nor your employer pay taxes. This is illegal and accepting such offers can lead to major issues. For instance, you have no legal recourse if your employer just decides to not pay you for work performed. Days worked on cash in hand jobs also don’t count towards the requirements for a 2nd and 3nd WHV.

Read Can my employer pay me in cash? for more info about this pay arrangement.

Workplace rights

If you are a young foreigner with potentially little work experience, it is especially important for you to know and assert your rights as a WHM in Australia to avoid being taken advantage of. Know that:

• As a WHV holder, you have the same rights as any local Aussie. WHV holders are not second-class workers. You can (and should!) stand up for yourself.
• Your employer can’t “have your WHV cancelled” or “have you deported” just because you challenge them about your rights.
• Always read the paperwork you have to sign (work contract, etc.). Ask for the employee copy or take a picture of it with your phone.
• Some employers may try to get you to sign an individual flexibility arrangement (IFA) clause. This written agreement is used by an employer and employee to change the effect of certain clauses in their award or registered agreement. The alternative arrangements should benefit the employer and employee. Don’t sign it if it’s not beneficial to you.

For more info about your right as a WHV worker, read 482 and 457 visa holders — workplace rights & entitlements.

The Fair Work Ombudsman offers tips and help to resolve workplace issues. The four-step process is very straightforward. If you’re scared, you can also report a workplace anonymously.

Standard working hours

The standard working week is 38 hours for full-time employees.

You may be asked to work overtime, defined as reasonable additional hours. You could also be offered to work more hours on week 1 and fewer hours on week 2 so that the average is 38 hours per week. In both cases, you are allowed to refuse.

Overtime is usually paid at a higher rate. Details about when overtime applies are different under each award and registered agreement.

You may also be offered time off instead of being paid for your overtime hours worked. For instance, if you worked for six hours on Saturday morning, you can get six (paid!) hours off on Monday.

Check your award (section “Overtime”) to see when overtime applies.

Paid vacation

Full-time and part-time employees are entitled to four weeks paid annual leave each year (prorated for part-time employees). If you only work for a few months, your accumulated annual leave will be paid when you leave the company.

Casual employees (typically fruit pickers, restaurant workers, etc.) aren’t entitled to paid annual leave. It’s up to you to save money for your holidays.

If you secured a full—or part-time job (congrats!) make sure to read Annual leave for more info. You can also calculate your annual leave balances using the Leave Calculator.

School holiday periods, a potential hiring season

Even if you’re not a student or a parent of a school-aged child, Australia’s traditional school break may affect your job search. In popular destinations, business is booming and employers need extra hands. On the downside, plenty of Australian students are also looking for work during their break.

Remember that in Australia:

• Summer holidays are in December and January
• Fall holidays are in April
• Winter holidays are in June or July (depending on the state/territory)
• Spring holidays are in September/October

Each state or territory has a different holiday break schedule, so check the schedule for the location you plan to work in.

Sick days and personal leave

All full-time and part-time employees get ten days paid leave in each twelve-month period (prorated for part-time employees). Sick days and personal leave fall under the same entitlement (i.e. regardless of whether you have a stomach bug or want to attend a sports game, it comes out of the same “bank” of days).

Casual employees aren’t entitled to paid time off, regardless of the reason of absence.

For more information, read Sick and carer’s leave.

Maternity leave

Employees who have completed at least 12 months of continuous service with their employer and who are the primary carer of a newborn get up to 18 weeks’ leave paid at the national minimum wage.

For more info, read Parental leave and related entitlements.

National and state/territory public holidays

Public holidays can be different depending on the state or territory you work in. There are also a number of national public holidays.

Full-time or part-time employees who should have been working on the day the public holiday falls on must be paid. If the public holiday is on a day when you normally don’t work, your employer doesn’t have to pay you. For instance, if you’re a full-time employee and Christmas is on a Monday this year, your employer must pay you. But if you’re a part-time employee working Fridays only, you won’t get paid.

If you work on a public holiday, you may be eligible to a public holiday entitlement, for instance a higher rate or an alternative day off in lieu of the public holiday.

National public holidays are:

• January 1: New Year’s Day
• January 26: Australia Day
• March or April: Good Friday and Easter Monday
• April 25: Anzac Day
• December 25: Christmas Day
• December 26: Boxing Day

Other public holidays such as Queen’s Birthday and Labour Day are individually declared by the state and territory governments. You will find the complete list here.