Your pay is legal when the hourly rate in the offer is at or above the minimum that covers your job: the award for your industry or occupation, an enterprise agreement, or the National Minimum Wage if neither applies. In Australia the National Minimum Wage is $26.44 an hour from 1 July 2026, but most people are covered by an award that can be higher. In New Zealand the adult minimum is $23.95 an hour from 1 April 2026. Three checks tell you where your offer stands.
Why $26.44 is not the only number that matters
From 1 July 2026 the National Minimum Wage is $26.44 per hour, or $1004.90 per week, worked out on a week of 38 ordinary hours. It is a safety net for employees who are not covered by an award or agreement.
Most employees are covered by an award, and award rates may be higher than the National Minimum Wage. In the Annual Wage Review 2026 decision announced on 2 June 2026, the Fair Work Commission increased modern award wage rates by 4.75 per cent from 1 July 2026. So an offer that matches last year's award rate can already be too low.
A contract cannot get around this. An employment contract can't remove or provide for less than your minimum entitlements under the National Employment Standards, an award or an enterprise agreement. If the paper says less, the minimum still applies.
Step 1: Find out which rule covers the job
Before you compare any number, work out what sets the minimum for your role. Ask the employer, or read the offer, for the award or agreement that applies. If nobody can name one, treat the National Minimum Wage as your floor and ask again.
- Write down the job title, the industry and whether the job is full-time, part-time or casual.
- Ask the employer which award or enterprise agreement covers the role. A genuine employer can answer in one line.
- Open the Fair Work Ombudsman's minimum wages page and look up the award's current pay guide for your classification.
Write the classification level down too. A role with the same title can sit at different levels in an award, and the level decides the rate.
Step 2: Compare the hourly rate, not the headline
Offers are often written as a yearly salary, a weekly figure or a daily rate. Convert everything to an hourly rate before you compare it with the minimum.
| What the offer says | How to check it |
|---|---|
| Yearly salary | Divide by the number of hours you will really work in a year, including any unpaid overtime the offer expects. |
| Weekly pay | Divide by the hours you will work that week. The National Minimum Wage of $1004.90 assumes 38 ordinary hours. |
| Casual hourly rate | Look for the casual loading. For employees without an award or agreement it is 25 per cent. |
| Cash or daily rate | Divide by the hours on site, including waiting time. Ask for it in writing and for a pay slip. |
Here is a worked example. If the National Minimum Wage of $26.44 an hour is your floor and you are a casual, add the 25 per cent loading: $26.44 plus 25 per cent comes to about $33.05 an hour. That is a rough figure for someone with no award or agreement, so use it only as a sanity check and confirm your own rate in the pay guide.
Hours matter for salaried roles too. A salary that looks fine can fall below the minimum once the real weekly hours are counted, so do the division before you say yes.
Step 3: Check the offer for red flags
Fair Work says job ads can't advertise pay rates below the minimum in the applicable award, enterprise agreement or the National Minimum Wage order. Anyone can make an anonymous report about such an ad to the Fair Work Ombudsman, and you can read the rules on the job ads page.
Look at the wording too. Some warning signs are about pay itself, and some are about how you are asked to get the job.
- A rate that is "negotiable" with no number, or a range that starts below the award.
- Pay "in cash" with no pay slip. Pay slips have to be given within 1 working day of pay day, as our payslip guide explains.
- Money you must pay to get the job. Cashback schemes, where an employer unreasonably requires someone to pay them in exchange for a job, are illegal in Australia.
- An unpaid trial that runs for a whole shift or longer. Our unpaid trial shift guide covers what is allowed.
If several of these show up, slow down and use the full list in how to read a job ad. A real offer survives a few careful questions.
The same check in New Zealand
New Zealand has no award system for most jobs, so the check is simpler. From 1 April 2026 the adult minimum wage is $23.95 per hour before tax, which is $958 for a 40-hour week. The starting-out and training minimum wages are $19.16 per hour. The government's minimum wage rates page explains who the lower rates apply to.
Payslips are not required by law in New Zealand, but you can ask the employer to show or give you a copy of your hours worked and pay records. A written agreement matters even more there, because an employer who does not give one can face penalties of up to $10,000 for an individual employer and up to $20,000 for a corporate body. Our guide to verbal contracts and the 90 day trial period guide cover both points.
Check the pay, then check what comes with it
Super sits on top of your pay in Australia. The general superannuation guarantee rate is 12.00% for 1 July 2026 to 30 June 2027, and a pay slip must show the contributions paid and the fund they went into. In New Zealand, KiwiSaver is for citizens and people entitled to live there indefinitely, so people on a work visa cannot join.
If you are new to the country, our first job guide walks through the tax number, super and your first payslip. For the whole offer, from the contract to the start date, use the job offer checklist. You can also compare the role with what is advertised on the community services jobs page or in other categories on the site.
For another view of the same rules, Talynx has a guide to the pay floor, award and safety rules behind every job offer.
Common mistakes
- Comparing a salary with the hourly minimum. Convert first, using real hours.
- Using last year's rate. Award rates went up 4.75 per cent from 1 July 2026, so check the current pay guide.
- Accepting "the contract says so". A contract can't provide for less than the award, agreement or National Employment Standards.
- Staying silent because of visa status. Visa holders and migrant workers have the same workplace rights and protections as other employees in Australia, including pay.
- Paying to get the job. In New Zealand employers cannot charge you fees for a job, and in Australia cashback schemes are illegal.
What to do if the pay is too low
Ask the employer to explain the rate in writing and name the award or agreement. Many mistakes are honest ones and get fixed at that point. If the answer is vague, do not start work on the promise of a correction later.
The Fair Work Ombudsman can help in Australia. If you need help in another language, call the Translating and Interpreting Service on 131 450 and ask them to call the Fair Work Ombudsman on 13 13 94. A low offer can also be a sign to keep looking, and a sharper CV from Build AI CV helps you apply for roles that pay at the right level.
Frequently asked questions
Is the National Minimum Wage the same as my award rate?
No. The National Minimum Wage is a safety net, while most employees are covered by an award for their industry or occupation. Award rates may be higher, so check the pay guide for your classification.
Can I agree to be paid less than the minimum?
No. An employment contract can't remove or provide for less than your minimum entitlements under the National Employment Standards, an award or an enterprise agreement. Agreeing in writing does not make a below-minimum rate legal.
Do migrant workers get the same pay protections?
Yes. Visa holders and migrant workers in Australia have the same workplace rights and protections as all other employees, and everyone in New Zealand, including migrants, has the same minimum employment rights.
What is the minimum wage in New Zealand?
From 1 April 2026 the adult minimum wage is $23.95 per hour before tax, or $958 for a 40-hour week. The starting-out and training minimum wages are $19.16 per hour.
Who can I tell if a job ad advertises pay below the minimum?
Anyone can make an anonymous report about such an ad to the Fair Work Ombudsman. Fair Work says ads can't advertise pay rates below the minimum in the applicable award, enterprise agreement or National Minimum Wage order.
Key takeaways
- Find the award or agreement that covers the job, then compare hourly rates, not headlines.
- The National Minimum Wage of $26.44 an hour is a floor, and many awards pay more.
- A contract can't provide for less than the minimum, and visa status does not change your pay rights.
- In New Zealand the adult minimum is $23.95 an hour from 1 April 2026.
- Get the rate and the award in writing before you start.
