Updated 2026-05-02

Australian Employment Contracts: Fair Work Act NES Complete Guide 2026

Last verified: 2026-05-02 Jurisdiction: Commonwealth of Australia — Fair Work Act 2009 (Cth) administered by the Fair Work Ombudsman and Fair Work Commission

Hiring an employee in Australia in 2026 is governed by the Fair Work Act 2009 (Cth) — a single federal statute that applies to every “national-system employee” of every “national-system employer”. Unlike residential tenancies (which are state-by-state), employment relations in Australia are unified at the federal level: every employee of a constitutional corporation (Pty Ltd, Ltd, foreign corporation), the Commonwealth, and Commonwealth authorities is covered by the Fair Work Act, as are private-sector employees in NSW, QLD, SA, TAS, VIC, the ACT and NT through state referrals to the federal system. Only Western Australian private-sector employees of unincorporated employers (sole traders, partnerships) remain in the state system. This guide explains the three-tier structure of Australian employment regulation — National Employment Standards (NES), modern awards and enterprise agreements / common-law contracts — the 11 minimum NES entitlements that apply to every national-system employee, the practical steps to issue a compliant employment offer (letter of offer, written contract, Fair Work Information Statement and Casual Employment Information Statement), the Closing Loopholes No. 2 Act 2024 changes to casual definition (s.15A), employee choice (s.66B), wage theft (s.327A) and the employee/contractor whole-of-relationship test (s.15AA), and the section-by-section requirements for notice of termination (s.117), redundancy pay (s.119) and unfair dismissal (Pt 3-2). This article provides legal information only, not legal advice — operators must verify the current text of the Fair Work Act 2009 (Cth) on legislation.gov.au and current Fair Work Ombudsman guidance on fairwork.gov.au.

Quick Answer

Hiring an employee in Australia in 2026 is governed by the **Fair Work Act 2009 (Cth)** — a single federal statute that applies to every "**national-system e…

📑 Table of Contents
  1. Quick Answer (TL;DR)
  2. Table of Contents
  3. 1. Overview — Fair Work Act 2009 (Cth) and Three-Tier Structure
    1. The three-tier structure
    2. Three classifications of employee
  4. 2. Legal Foundation — NES, Awards, Agreements, Contracts
    1. Core legal instruments
    2. The 11 NES entitlements (Fair Work Act 2009 (Cth), Pt 2-2)
  5. 3. Choosing the Right Award and Classification
    1. Identifying the applicable modern award
    2. Award coverage notes
    3. National Minimum Wage and the Annual Wage Review
  6. 4. Required Documents and Information
    1. Documents to be issued at the start of employment
    2. Pay slip and record-keeping requirements
  7. 5. Step-by-Step Process — From Award Lookup to First Pay
    1. Step 1 — Determine employee or contractor status
    2. Step 2 — Identify the applicable award and classification
    3. Step 3 — Set the pay rate at or above the minimum
    4. Step 4 — Issue the letter of offer and written contract
    5. Step 5 — Provide the FWIS and (for casuals) the CEIS
    6. Step 6 — Tax and superannuation set-up
    7. Step 7 — Onboarding and first pay
  8. 6. Costs and Timeline
    1. Direct statutory costs to the employer
    2. Government fees
    3. Typical hiring timeline
  9. 7. Common Mistakes — A Gyoseishoshi Document-Preparation Perspective
  10. 8. After Completion — Pay Slips, Super, Records, Termination, Wage Theft
    1. Notice of termination — s.117 minimums
    2. Redundancy pay — s.119
    3. Unfair dismissal — Pt 3-2
    4. Casual employment, conversion and employee choice — s.66B
    5. Superannuation Guarantee
    6. Pay slips, record-keeping, penalty rates
    7. Penalties — civil contraventions, serious contraventions, criminal wage theft
  11. 9. Frequently Asked Questions
  12. 10. Conclusion
  13. Create your NES-compliant employment contract with Scrib🐮
  14. Disclaimer
  15. Sources
    1. Deeper Articles in this Cell
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    4. Disclaimer

Quick Answer (TL;DR)

Every Australian employment relationship covered by the Fair Work Act 2009 (Cth) must satisfy the 11 National Employment Standards (NES) in Pt 2-2 of the Act — maximum weekly hours, flexible-working requests, parental leave, annual leave, personal/carer’s and compassionate leave, community service leave, long service leave, public holidays, notice of termination and redundancy pay, superannuation, and the Fair Work Information Statement (FWIS) and Casual Employment Information Statement (CEIS). Modern awards (industry/occupation-specific instruments made by the Fair Work Commission under Pt 2-3) sit on top of the NES and cannot reduce it (s.55), setting minimum pay rates, overtime and penalty rates. Common-law contracts and enterprise agreements sit above the awards but cannot reduce the NES or the award. The National Minimum Wage from 1 July 2025 is A$24.95/hour or A$948 per 38-hour week, with new rates from each 1 July following the Annual Wage Review (s.285). Casuals are paid a 25% loading (Fair Work Act 2009 (Cth), s.15A) and have an employee-choice path to permanency under s.66B (operative 26 August 2024). Notice of termination under s.117 ranges from 1 week (≤ 1 year service) to 4 weeks (> 5 years), plus 1 extra week for employees over 45 with 2+ years service. Redundancy pay under s.119 scales from 4 weeks (1 year) up to 16 weeks (≥ 9 years). From 1 January 2025, intentional underpayment is a criminal wage theft offence under s.327A — up to 10 years imprisonment and substantial fines. Employee records must be kept for 7 years under s.535.

Table of Contents

  1. Overview — Fair Work Act 2009 (Cth) and Three-Tier Structure
  2. Legal Foundation — NES, Awards, Agreements, Contracts
  3. Choosing the Right Award and Classification
  4. Required Documents and Information
  5. Step-by-Step Process — From Award Lookup to First Pay
  6. Costs and Timeline
  7. Common Mistakes — A Gyoseishoshi Document-Preparation Perspective
  8. After Completion — Pay Slips, Super, Records, Termination, Wage Theft
  9. Frequently Asked Questions
  10. Conclusion

1. Overview — Fair Work Act 2009 (Cth) and Three-Tier Structure

Australia operates a federal national workplace-relations system under the Fair Work Act 2009 (Cth) — a single Act, a single tribunal (the Fair Work Commission, FWC), a single regulator (the Fair Work Ombudsman, FWO), and a single set of minimum entitlements (the National Employment Standards). The federal nature of the system derives from the constitutional corporations power (covering employees of constitutional corporations regardless of state) supplemented by state referrals under s.30A — NSW, QLD, SA, Tasmania (and Victoria’s earlier 1996 referral), the ACT and NT have all referred their non-corporate employees to the federal system. The only mainland exception is Western Australia — WA private-sector employees of unincorporated employers (sole traders, partnerships) remain in the WA state system; WA private-sector employees of constitutional corporations are in the national system.

The two principal regulators an employer interacts with are:

The three-tier structure

National-system employment is governed by three layers that build on each other; each layer sets minimum standards that the next layer cannot reduce:

  1. National Employment Standards (NES) — Fair Work Act 2009 (Cth), Pt 2-2 (s.59–s.131). 11 minimum entitlements that apply to every national-system employee.
  2. Modern awards — industry/occupation-specific instruments made by the Fair Work Commission under Pt 2-3, setting minimum pay rates, overtime, penalty rates, allowances and shift loadings; cannot reduce the NES (s.55).
  3. Enterprise agreements (workplace-level, Pt 2-4) and common-law contracts — must satisfy the better off overall test (BOOT) against the relevant award (s.193) and cannot exclude the NES (s.55).

Three classifications of employee

Under Fair Work Act 2009 (Cth), s.15A (as amended by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024) and modern awards:

TypeDefinitionKey Features
Full-timeAverage of 38 ordinary hours per week (Fair Work Act 2009 (Cth), s.62)All NES entitlements; ongoing; paid leave accrues
Part-timeFewer than 38 ordinary hours per week, with regular patternAll NES entitlements pro-rated; paid leave accrues pro-rata
CasualEmployee accepts an offer with no firm advance commitment to continuing and indefinite work, paid a casual loading (Fair Work Act 2009 (Cth), s.15A)No paid annual / personal leave; 25% casual loading; access to employee choice / casual conversion under s.66B; CEIS required at engagement under s.125B

Independent contractors are not employees. The “employee or contractor” test was clarified by the Closing Loopholes amendments in 2024 — see Fair Work Act 2009 (Cth), s.15AA (whole of relationship test): ascertain “the real substance, practical reality and true nature of the relationship” by reference to the totality of the relationship, not only the contract. ATO contractor guidance: https://www.ato.gov.au/businesses-and-organisations/hiring-and-paying-your-workers/contractors.

InstrumentCitationScope
Fair Work Act 2009 (Cth)Act No. 28 of 2009National workplace-relations system; defines NES, modern awards, enterprise agreements, unfair dismissal, general protections
Fair Work Regulations 2009F2009L02356Procedural rules, prescribed forms, interpretive details
Modern AwardsMade by the FWC under Fair Work Act 2009 (Cth), Pt 2-3Industry / occupation-specific minimum pay rates and conditions
Superannuation Guarantee (Administration) Act 1992 (Cth)Act No. 111 of 1992Compulsory superannuation contribution rate
Long Service Leave ActState-specific (e.g. Long Service Leave Act 1955 (NSW), Long Service Leave Act 2018 (Vic), Industrial Relations Act 1999 (Qld), Pt 6)LSL is administered by states; the NES preserves entitlements

Primary source — Fair Work Act 2009 (Cth): https://www.legislation.gov.au/Series/C2009A00028.

The 11 NES entitlements (Fair Work Act 2009 (Cth), Pt 2-2)

The National Employment Standards are the minimum entitlements that apply to every national-system employee. Modern awards, enterprise agreements and contracts cannot reduce them.

#NES EntitlementSectionSummary
1Maximum weekly hourss.62–s.6438 hours/week + reasonable additional hours; employee can refuse unreasonable additional hours
2Requests for flexible working arrangementss.65–s.65CEligible employees (12-month service / parents / carers / disability / age 55+ / family violence) may request — employer must respond within 21 days under s.65A and may only refuse on reasonable business grounds
3Parental leave and related entitlementss.67–s.85Up to 12 months unpaid + right to request another 12 months; adoption-related leave; safe-work transfer
4Annual leaves.86–s.944 weeks paid per year (5 weeks for some shiftworkers); accrues progressively
5Personal/carer’s & compassionate leaves.95–s.10710 days paid personal/carer’s leave/year; 2 days unpaid carer’s leave/occasion; 2 days paid compassionate leave/permissible occasion; 10 days paid family and domestic violence leave (s.106A — applies from 1 Aug 2023 / 1 Feb 2024 small business)
6Community service leaves.108–s.112Unpaid for voluntary emergency activities; jury service paid for up to 10 days (employer top-up)
7Long service leaves.113Preserves the entitlement under the applicable state/territory LSL Act
8Public holidayss.114–s.116Paid day off (unpaid for casuals) — employer may request work but employee may refuse on reasonable grounds
9Notice of termination & redundancy pays.117–s.123Up to 5 weeks notice based on length of service; up to 16 weeks redundancy pay
10Superannuations.116 (as inserted from 1 Jan 2024) + Superannuation Guarantee (Administration) Act 1992 (Cth)NES right to super contributions (currently 11.5% on ordinary time earnings; rising to 12% from 1 July 2025)
11Fair Work Information Statement & Casual Employment Information Statements.124–s.125BMust be given to every new employee (FWIS) and every casual (CEIS)

NES overview: https://www.fairwork.gov.au/employment-conditions/national-employment-standards. Introduction to NES (PDF): https://www.fairwork.gov.au/sites/default/files/migration/723/Introduction-to-the-national-employment-standards.pdf.

3. Choosing the Right Award and Classification

Identifying the applicable modern award

Under Fair Work Act 2009 (Cth), Pt 2-3, modern awards are industry- or occupation-based instruments. To determine the correct award, the employer must:

  1. Identify the industry in which the business operates (e.g. Hospitality, Retail, Clerical and Administrative).
  2. Identify the classification of the work performed by the employee — typically found in the schedule near the back of each award (often Schedule A).
  3. Cross-check using the Fair Work Ombudsman’s “Find my award” tool: https://www.fairwork.gov.au/employment-conditions/awards/list-of-awards.
  4. Confirm via the FWC Modern Award Coverage page: https://www.fwc.gov.au/modern-award-coverage and the FWC “Which award applies” page: https://fwc.gov.au/which-award-applies.

If no modern award applies, the employee is “award-free”, but the NES still applies — plus the National Minimum Wage and any common-law contract terms.

Award coverage notes

National Minimum Wage and the Annual Wage Review

The National Minimum Wage is set by the FWC each year under Fair Work Act 2009 (Cth), s.285 in the Annual Wage Review and applies to award-free employees (and is the floor below the minimum award rate for any award). The minimum pay rate for any employee is the higher of:

National Minimum Wage from 1 July 2025: A$24.95 per hour or A$948 per 38-hour week. Source: https://www.fairwork.gov.au/pay-and-wages/minimum-wages.

The FWC’s 2026 Annual Wage Review decision (s.285) is published mid-2026, with new rates effective from the first full pay period on or after 1 July 2026. Operators must update payroll. https://www.fwc.gov.au/hearings-decisions/major-cases/annual-wage-reviews/annual-wage-review-2026.

4. Required Documents and Information

Documents to be issued at the start of employment

#DocumentStatutory SourceWhen
1Letter of offerCommon law / s.124 NES contextBefore commencement
2Written employment contractCommon law (no statutory form prescribed)At commencement
3Fair Work Information Statement (FWIS)Fair Work Act 2009 (Cth), s.124”Before, or as soon as practicable after,” the employee starts
4Casual Employment Information Statement (CEIS)Fair Work Act 2009 (Cth), s.125BAt start, and again at 6, 12 and every 12 months thereafter (small business: at start and 12 months)
5TFN declarationIncome Tax Assessment Act 1936 (Cth), Pt VABefore first pay
6Superannuation Choice of Fund formSuperannuation Guarantee (Administration) Act 1992 (Cth), s.32CWithin 28 days of start
7Award / enterprise agreement references.124 + Fair Work Regulations 2009, reg 2.03Recommended at start

Failure to provide the FWIS or CEIS is a breach of the NES and a civil-penalty contravention under Fair Work Act 2009 (Cth), s.539.

Pay slip and record-keeping requirements

Under Fair Work Act 2009 (Cth), s.535(1), the employer must keep employee records for 7 years. Under s.536, employees must receive a pay slip within 1 working day of being paid, containing the prescribed information (Fair Work Regulations 2009, reg 3.46).

Required pay-slip items (Fair Work Regulations 2009, reg 3.46):

5. Step-by-Step Process — From Award Lookup to First Pay

Step 1 — Determine employee or contractor status

Under Fair Work Act 2009 (Cth), s.15AA (inserted by the Closing Loopholes No. 2 Act 2024), the question of whether a person is an employee or independent contractor is determined by ascertaining the real substance, practical reality and true nature of the relationship — looking at the totality of the relationship rather than only the contract. Misclassification (treating an employee as a contractor) is one of the costliest mistakes and may trigger sham-contracting penalties under s.357.

Step 2 — Identify the applicable award and classification

Use the FWO Find-my-award tool or the FWC Modern Awards Pay Database at https://www.fwc.gov.au/work-conditions/awards/modern-awards-pay-database to identify both the relevant award and the correct classification level. Determine whether the employee is to be full-time, part-time or casual.

Step 3 — Set the pay rate at or above the minimum

The minimum pay rate is the higher of the National Minimum Wage or the minimum award rate for the classification (plus any allowances/loadings). For a casual, apply the 25% casual loading on top of the ordinary hourly rate (Fair Work Act 2009 (Cth), s.15A and the relevant modern award). Under modern awards the casual loading may differ — check the award.

Step 4 — Issue the letter of offer and written contract

Issue a letter of offer and a written contract specifying:

Step 5 — Provide the FWIS and (for casuals) the CEIS

Step 6 — Tax and superannuation set-up

Step 7 — Onboarding and first pay

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6. Costs and Timeline

Direct statutory costs to the employer

ItemRate / AmountReference
National Minimum Wage (effective 1 Jul 2025)A$24.95/hour or A$948/38-hour weekhttps://www.fairwork.gov.au/pay-and-wages/minimum-wages
Casual loading25% on top of base hourly rateFair Work Act 2009 (Cth), s.15A; modern awards
Superannuation Guarantee rate11.5% (1 Jul 2024) → 12.0% (1 Jul 2025)Superannuation Guarantee (Administration) Act 1992 (Cth), s.19
Annual award-rate updateNew rates from first full pay period on or after 1 JulyFair Work Act 2009 (Cth), s.285 (Annual Wage Review)

Government fees

There is no government fee for hiring an employee. ABN, TFN and PAYG-Withholding registration are free. Workers’ compensation premiums are paid to the relevant state insurer (icare in NSW, WorkSafe Victoria, WorkCover Queensland, etc.) and depend on industry / payroll size.

Typical hiring timeline

StageDuration
Job offer issuedSame day
Acceptance + signing1–7 days
TFN declaration / super fund nominationWithin 28 days
FWIS / CEIS providedBefore, or as soon as practicable after, start
First pay (with pay slip within 1 working day)At first pay cycle
First superannuation paymentWithin 28 days of end of quarter

7. Common Mistakes — A Gyoseishoshi Document-Preparation Perspective

#Common ErrorStatute Reference
1Not identifying the applicable modern awardFair Work Act 2009 (Cth), Pt 2-3
2Paying below the minimum award rate / National Minimum WageFair Work Act 2009 (Cth), s.45, s.293
3Not issuing FWIS to a new employeeFair Work Act 2009 (Cth), s.124
4Not issuing CEIS to a casual at engagement and follow-up datesFair Work Act 2009 (Cth), s.125B
5Treating an employee as a “contractor” without satisfying the s.15AA whole-of-relationship tests.15AA
6Casual loading (25%) absent from pay rateFair Work Act 2009 (Cth), s.15A; modern awards
7No pay slip within 1 working dayFair Work Act 2009 (Cth), s.536 + reg 3.46
8Notice of termination shorter than s.117 minimums.117
9No redundancy pay where requireds.119
10Restraint of trade / non-compete clauses unenforceably broadCommon law
11Underpayment of superannuationSuperannuation Guarantee (Administration) Act 1992 (Cth), s.19
12Missing 10 days paid family and domestic violence leave for casualsFair Work Act 2009 (Cth), s.106A
13Failure to keep employee records for 7 yearss.535
14Probation period treated as a “no protections” period (it is not)Common law + general protections (Pt 3-1)

Under each of these provisions the requirement is statutory — under the Fair Work Act 2009 (Cth), s.[N], the requirement applies regardless of operator preference.

8. After Completion — Pay Slips, Super, Records, Termination, Wage Theft

Notice of termination — s.117 minimums

Under Fair Work Act 2009 (Cth), s.117:

Length of continuous serviceMinimum notice
≤ 1 year1 week
> 1–3 years2 weeks
> 3–5 years3 weeks
> 5 years4 weeks

Plus 1 additional week if the employee is over 45 and has at least 2 years continuous service (s.117(3)). The award or contract may require longer notice — the longer period prevails. Serious misconduct allows summary dismissal without notice (s.117(2)(b)).

Redundancy pay — s.119

Redundancy pay scales from 4 weeks (1 year service) up to 16 weeks (≥ 9 years service); after 9 years it tapers back. Small business employers (fewer than 15 employees) generally do not owe redundancy pay (Fair Work Act 2009 (Cth), s.121(1)(b)). Source: https://www.fairwork.gov.au/ending-employment/redundancy/redundancy-pay-and-entitlements.

Unfair dismissal — Pt 3-2

Under Fair Work Act 2009 (Cth), Pt 3-2, a national-system employee with at least the minimum employment period (6 months; 12 months for small business employers — s.383) may apply to the FWC for unfair-dismissal relief if dismissed harshly, unjustly or unreasonably (s.385). Application must be lodged within 21 days of the dismissal taking effect (s.394(2)). The high income threshold (s.382(b)(iii)) is indexed each 1 July; employees earning above the threshold and not award-/agreement-covered cannot bring an unfair-dismissal claim. Genuine redundancy is a complete defence under s.389.

Casual employment, conversion and employee choice — s.66B

Following the Closing Loopholes No. 2 Act 2024 (operative 26 August 2024), casual status is determined under s.15A on a “no firm advance commitment” basis, considering the practical reality of the relationship. Under s.66B, an eligible casual (12 months service for non-small business; 12 months for small business) may notify the employer they wish to change to permanent. The employer must respond in writing within 21 days, accepting (and converting to permanent) or refusing on prescribed grounds (s.66E). Disputes go to the FWC.

Superannuation Guarantee

Under Superannuation Guarantee (Administration) Act 1992 (Cth), s.19, the SG rate is 11.5% of ordinary time earnings from 1 July 2024, rising to 12.0% from 1 July 2025. Contributions paid quarterly to the employee’s chosen / stapled fund. Super is also an NES entitlement under Fair Work Act 2009 (Cth), s.116 (operative from 1 January 2024). https://www.ato.gov.au/businesses-and-organisations/super-for-employers.

Pay slips, record-keeping, penalty rates

Penalties — civil contraventions, serious contraventions, criminal wage theft

Civil penalties for contravention of the NES, modern award or FWIS/CEIS obligations under Fair Work Act 2009 (Cth), s.539 and s.546 — up to 60 penalty units for an individual / 300 penalty units for a body corporate per contravention. Serious contraventions (s.557A) attract penalties up to 600 / 3,000 penalty units.

Wage theft / criminal underpayment (s.327A — operative 1 January 2025): Intentional underpayment is now a criminal offence — maximum 10 years imprisonment for individuals and fines up to the greater of 3 times the underpayment or 5,000 penalty units (individuals) / 25,000 penalty units (body corporate). The Fair Work Ombudsman administers the Voluntary Small Business Wage Compliance Code as a defence path.

9. Frequently Asked Questions

Q1. Does the Fair Work Act apply to my business?

For almost every Pty Ltd, Ltd or foreign corporation operating in Australia: yes. Under Fair Work Act 2009 (Cth), s.14, all employees of a constitutional corporation are national-system employees regardless of which state the business operates in. NSW, QLD, SA, Tasmania, Victoria, the ACT and NT have referred their non-corporate employees to the federal system. The only mainland exception is Western Australian private-sector employees of unincorporated employers (sole traders, partnerships) — they remain in the WA state system.

Q2. What is the difference between the NES and a modern award?

The NES are the 11 minimum entitlements under Fair Work Act 2009 (Cth), Pt 2-2 — they apply to every national-system employee. Modern awards are industry- or occupation-specific instruments made by the FWC under Pt 2-3 that set minimum pay rates and additional conditions (overtime, penalties, allowances). A modern award cannot reduce the NES (s.55(1)). A common-law contract or enterprise agreement cannot reduce either.

Q3. How do I find the right modern award?

First identify the industry of the employer (e.g. Hospitality, Retail, Construction). Then identify the classification (level/grade) corresponding to the role — usually in the schedule near the back of the award (often Schedule A). Use the FWO Find My Award (https://www.fairwork.gov.au/employment-conditions/awards/list-of-awards), the FWC Modern Award Coverage (https://www.fwc.gov.au/modern-award-coverage), and the FWC Pay Database (https://www.fwc.gov.au/work-conditions/awards/modern-awards-pay-database).

Q4. Are casuals really paid more per hour?

Yes — by design. Under Fair Work Act 2009 (Cth), s.15A a casual is paid a casual loading (typically 25%) on top of the ordinary hourly rate to compensate for the lack of paid annual and personal/carer’s leave. So a casual entitled to the National Minimum Wage of A$24.95/hour from 1 July 2025 must be paid at least A$31.19/hour (NMW × 1.25). Award-covered casuals get the award rate × 1.25 (or the loading specified in the award).

Q5. What is the casual employee choice (s.66B)?

Following the Closing Loopholes No. 2 Act 2024 (operative 26 August 2024), the previous “employer offer” model became an “employee choice” model. Under Fair Work Act 2009 (Cth), s.66B, an eligible casual may at any time after 12 months notify the employer that they no longer believe they meet the casual definition; the employer must respond in writing within 21 days, accepting (and converting them to permanent) or refusing on prescribed grounds (s.66E). Disputes go to the FWC.

Q6. How much annual leave does a part-time employee get?

Under Fair Work Act 2009 (Cth), s.87, full-time and part-time employees are entitled to 4 weeks annual leave per year of service, accrued progressively. For a part-time employee, “4 weeks” means 4 weeks of their ordinary hours — so a 20-hour-per-week part-timer accrues 4 × 20 = 80 hours per year (compared with 4 × 38 = 152 hours for a full-time). Casuals do not accrue annual leave (the 25% loading compensates).

Q7. What is family and domestic violence leave?

Under Fair Work Act 2009 (Cth), s.106A–s.106F (operative for non-small-business from 1 February 2023; for small business from 1 August 2023), every full-time, part-time and casual national-system employee is entitled to 10 days of paid family and domestic violence leave per 12 months — not pro-rated for part-timers; renewed in full each 12 months. A frequently missed compliance point is that casuals are entitled to the full 10 paid days.

Q8. What’s the minimum notice of termination?

Under Fair Work Act 2009 (Cth), s.117: ≤ 1 year service = 1 week; 1–3 years = 2 weeks; 3–5 years = 3 weeks; > 5 years = 4 weeks. Add 1 week if the employee is over 45 with 2+ years service (s.117(3)). The employer can pay in lieu. The award or contract may require longer notice — that prevails. Serious misconduct allows summary dismissal without notice (s.117(2)(b)).

Q9. What is unfair dismissal?

Under Fair Work Act 2009 (Cth), Pt 3-2, an employee with at least the minimum employment period (6 months; 12 months for small business — s.383) may apply to the FWC for unfair-dismissal relief if dismissed harshly, unjustly or unreasonably (s.385). The application must be filed within 21 days of the dismissal taking effect (s.394(2)). Genuine redundancy is a complete defence (s.389), but only if the role is no longer required, the employer complied with consultation obligations under the award, and redeployment was reasonably considered.

Q10. How long do I keep records?

Seven years. Under Fair Work Act 2009 (Cth), s.535(1) and Fair Work Regulations 2009, regs 3.31–3.45, employers must keep specified employee records (pay, hours, leave, super, individual flexibility arrangements, termination) for 7 years. Pay slips must be issued within 1 working day of payment (s.536; reg 3.46). Failure is a civil contravention.

Q11. What are the wage theft laws?

From 1 January 2025, intentional underpayment of wages or entitlements is a criminal offence under Fair Work Act 2009 (Cth), s.327A (inserted by the Closing Loopholes No. 2 Act 2024). Maximum penalties: up to 10 years imprisonment for individuals and fines up to the greater of 3 times the underpayment or 5,000 penalty units (individuals) / 25,000 penalty units (body corporate). The Fair Work Ombudsman administers the Voluntary Small Business Wage Compliance Code as a defence path.

Q12. What rate of super do I pay?

Under Superannuation Guarantee (Administration) Act 1992 (Cth), s.19, the SG rate is 11.5% of ordinary time earnings from 1 July 2024 and rises to 12.0% from 1 July 2025. Pay quarterly to the employee’s chosen / stapled fund. Superannuation is also an NES entitlement under Fair Work Act 2009 (Cth), s.116 (operative from 1 January 2024).

10. Conclusion

Hiring an employee in Australia in 2026 is not just a contract-drafting exercise — it is the act of opening a long-running compliance pipeline under the Fair Work Act 2009 (Cth) that will run for the entire life of the employment and 7 years beyond it. The single most important habit a new employer can build is to start from the award: identify the industry, identify the classification, look up the minimum rate plus loadings on the FWC Pay Database, and only then draft the offer. Layered on top of that award are the 11 NES entitlements under Pt 2-2 — which apply to every national-system employee regardless of award — and the information-statement obligations under s.124 (FWIS) and s.125B (CEIS for casuals) that, while administratively small, are the most commonly missed compliance items at the Fair Work Ombudsman’s enforcement door. Finally, the 2024 Closing Loopholes No. 2 Act has changed the texture of every Australian employment relationship: the casual definition under s.15A, the employee/contractor whole-of-relationship test under s.15AA, the casual employee-choice path under s.66B, and the criminal wage theft offence under s.327A from 1 January 2025. Operators who still build employment contracts on a 2019 template are now exposed to risks that did not exist when those templates were drafted.

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Disclaimer

This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, attorneys, or migration agents. We do not provide certification, accreditation, or guarantees. The Fair Work Act 2009 (Cth), Fair Work Regulations 2009, and modern awards are amended from time to time, and the National Minimum Wage and award rates are updated annually following the Annual Wage Review (s.285). Operators must verify the current text of statutes on https://www.legislation.gov.au/, current Fair Work Ombudsman guidance on https://www.fairwork.gov.au/, and current Fair Work Commission decisions on https://www.fwc.gov.au/ before acting on any specific employment decision. State long-service-leave Acts and state workers’ compensation regimes are not covered in this guide and must be consulted separately. Western Australian private-sector employees of unincorporated employers remain in the WA state system and are not covered by the Fair Work Act.

Sources

  1. Fair Work Act 2009 (Cth): https://www.legislation.gov.au/Series/C2009A00028
  2. Fair Work Regulations 2009: https://www.legislation.gov.au/Details/F2009L02356
  3. Superannuation Guarantee (Administration) Act 1992 (Cth): https://www.legislation.gov.au/Series/C2004A04471
  4. National Employment Standards (FWO): https://www.fairwork.gov.au/employment-conditions/national-employment-standards
  5. Introduction to NES (fact sheet): https://www.fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/introduction-to-the-national-employment-standards
  6. Introduction to NES (PDF): https://www.fairwork.gov.au/sites/default/files/migration/723/Introduction-to-the-national-employment-standards.pdf
  7. Fair Work Information Statement: https://www.fairwork.gov.au/employment-conditions/information-statements/fair-work-information-statement
  8. Casual Employment Information Statement: https://www.fairwork.gov.au/employment-conditions/information-statements/casual-employment-information-statement
  9. Awards (FWO): https://www.fairwork.gov.au/employment-conditions/awards
  10. List of awards: https://www.fairwork.gov.au/employment-conditions/awards/list-of-awards
  11. Award classifications: https://www.fairwork.gov.au/employment-conditions/awards/award-classifications
  12. Modern awards (fact sheet): https://www.fairwork.gov.au/tools-and-resources/fact-sheets/minimum-workplace-entitlements/modern-awards
  13. Minimum wages: https://www.fairwork.gov.au/pay-and-wages/minimum-wages
  14. Pay guides: https://www.fairwork.gov.au/pay-and-wages/minimum-wages/pay-guides
  15. Redundancy pay and entitlements: https://www.fairwork.gov.au/ending-employment/redundancy/redundancy-pay-and-entitlements
  16. Fair Work system (FWO): https://www.fairwork.gov.au/about-us/workplace-laws/fair-work-system
  17. National Minimum Wage (FWC): https://www.fwc.gov.au/work-conditions/minimum-wages-and-conditions/national-minimum-wage
  18. Modern award coverage (FWC): https://www.fwc.gov.au/modern-award-coverage
  19. Which award applies (FWC): https://fwc.gov.au/which-award-applies
  20. Modern Awards Pay Database (FWC): https://www.fwc.gov.au/work-conditions/awards/modern-awards-pay-database
  21. Annual Wage Review 2026 (FWC): https://www.fwc.gov.au/hearings-decisions/major-cases/annual-wage-reviews/annual-wage-review-2026
  22. ATO — Super for employers: https://www.ato.gov.au/businesses-and-organisations/super-for-employers
  23. ATO — Offer employees a choice of super fund: https://www.ato.gov.au/businesses-and-organisations/super-for-employers/setting-up-super-for-your-business/offer-employees-a-choice-of-super-fund
  24. ATO — Hiring contractors: https://www.ato.gov.au/businesses-and-organisations/hiring-and-paying-your-workers/contractors

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