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The annual wage review is conducted by an Expert Panel of the Fair Work Commission each year to determine changes to the national minimum wage and pay rates under modern awards.  

The review considers the economic and social factors outlined in the Fair Work Act 2009 (Cth). 

The decision is usually announced in June each year. 

The decision and order usually come into operation on 1 July of the following financial year. 

For more information on the review and to go to the most recent review, please see Annual wage reviews. 

A modern award is a legal document that sets out the minimum terms and conditions of employment for employees in specific industries or occupations. 

A modern award covers things such as minimum wages, working hours, overtime rates, and leave entitlements. 

There are more than 120 modern awards in Australia. They and the National Employment Standards apply to employees. We make or vary modern awards. 

Modern awards are industry or occupation specific, meaning that employees may have different minimum entitlements in different types of jobs. 

You can find an award on our website. 

We are responsible for making and maintaining awards. We deal with applications to make or change awards. We may initiate proceedings to change awards.

If you need help with an application to us to make or change a modern award, contact awards@fwc.gov.au. 

You can use the Fair Work Ombudsman’s Pay and Conditions Tool for help finding the award that covers you. The tool can help calculate the minimum pay rates, penalties and allowances that apply under your award. 

The Modern Award Pay Database is an online resource managed by us that contains the calculated minimum rates of pay, allowances, overtime and penalty rates in modern awards. We use the database to help our work in varying modern awards, such as following each year’s Annual Wage Review decision.

The data is available for download in Excel spreadsheet format on the Modern Awards Pay Database page. The data can be accessed by registered users via the Modern Awards Pay Database API. 

The Fair Work Ombudsman has a Pay and Conditions Tool that allows for specific wage calculations under various modern awards. For further information about pay and wages, visit the Fair Work Ombudsman’s website. 

The Modern Award Pay Database is an online resource managed by us that contains the calculated minimum rates of pay, allowances, overtime and penalty rates in modern awards. We use the database to help our work in varying modern awards, such as following each year’s Annual Wage Review decision.

The data is available for download in Excel spreadsheet format on the Modern Awards Pay Database page. The data can be accessed by registered users via the Modern Awards Pay Database API. 

The Fair Work Ombudsman has a Pay and Conditions Tool that allows for specific wage calculations under various modern awards. For further information about pay and wages, visit the Fair Work Ombudsman’s website. 

An enterprise agreement is a written agreement made between employers and a group of employees or their representatives. It sets out the terms and conditions of employment, including wages, working hours, overtime and leave entitlements. 

There are three types of enterprise agreements: 

• single enterprise agreements, which apply to a single employer or a group of related employers 

• multi-enterprise agreements covering multiple employers 

• greenfields agreements, which apply to new businesses before employees are hired. 

Our role is to deal with disputes about agreements and approve applications if they meet the requirements under the Fair Work Act 2009 (Cth). Enterprise agreements must pass the better off overall test, which is a test that ensures that employees are better off overall under the agreement than they would be under the modern award. 

An enterprise agreement does not take effect unless we approve it. 

We have resources available on our website to help you make an enterprise agreement including an Understanding enterprise agreements video. 

For videos and other resources about bargaining for an enterprise agreement, visit our Online Learning Portal. 

For additional help, contact member.assist@fwc.gov.au. The Member Assist team will try to respond within 2 business days. 

If there is a dispute under an enterprise agreement or modern award, parties may be able to apply to us to resolve the issue. The dispute resolution process generally starts with internal resolution steps outlined in the agreement or award. If those processes do not lead to resolution of the dispute, the parties may be able to apply to us for help.

Once you apply to us, we will attempt to resolve the dispute through a process called conciliation. In a conciliation, a Commission Member will assist the parties to try to resolve the dispute. If conciliation does not resolve the dispute, the matter may proceed to a process called arbitration where a Commission Member will hold a hearing or conference and will make a decision. 

Throughout the process, we remain independent and impartial. 

If you need legal help deciding which application may be right for you, you should seek legal advice. 

Bargaining 

The bargaining process for an enterprise agreement in Australia begins with negotiations to establish terms and conditions of employment. If parties have a dispute when bargaining for an enterprise agreement, they may apply to us for help. 

You can apply for a bargaining order. We will try to resolve the dispute through a process called conciliation. If bargaining reaches a stage where it cannot progress, we may issue a bargaining order. 

For information on how to apply, see dealing with a bargaining dispute. If this does not resolve the dispute you may apply for an intractable bargaining declaration. 

Industrial action 

Industrial action can be taken by employees or employers when there is a dispute over workplace conditions. Usually this is during the bargaining process for an enterprise agreement and when the dispute cannot be resolved. 

Industrial action can include strikes (where employees stop work), work bans or lockouts (where employers stop employees from working). Protected action is legal and unprotected action is illegal. 

To take protected industrial action, an application must be made to us for a protected action ballot order (PABO). A PABO allows employees to vote on whether they want to take industrial action. If the majority of employees vote to take industrial action, the industrial action can be taken. 

If industrial action is unprotected, an employer or other parties can apply to us to stop it. 

For information on how to apply to us, see Industrial action on our website. 

Workplace bullying is repeated unreasonable behaviour by an individual or group that poses a risk to the health and safety of the worker. This could include verbal abuse, exclusion from activities or intimidation. Workers who believe they have been bullied at work may be able to apply to us for help.

When a worker applies to us, we will try to resolve the matter by conciliation or mediation. If an agreement cannot be reached, a Commission Member may hold a determinative conference or hearing and may issue an order preventing further bullying. An order can only be made if the Commission Member is satisfied the worker has been bullied at work and there is a risk of the behaviour continuing. 

We cannot aware compensation or penalties. 

Our jurisdiction aims to create safer and healthier work environments by proactively addressing bullying behaviour. 

You don’t need a lawyer to come to us, but you may want to get legal advice before you apply or if:  

• you are unsure if you have a case 

• you are unsure if you should apply 

• you need help to run the case. 

Services that may be able to provide free or low-cost legal help can be found on the Where to find legal help page. If you are a member of a union or employer organisation, they may be able to help you. 

Our Workplace Advice Service organises free legal help for employees and employers that qualify. Using this service is not the same as starting an application with us. Check your eligibility in the request form. 

We know that it can be stressful to take part in a legal process. Our website has information about how to look after your health and wellbeing. 

Sexual harassment includes any unwelcome sexual advances, requests for sexual favours or other unwelcome conduct of a sexual nature that makes someone feel offended, humiliated or intimidated. Workers who believe they have experienced sexual harassment at work can apply to us for help. 

When a worker applies to us, we will try to resolve the matter by conciliation or mediation. If an agreement cannot be reached, a Commission Member may hold a determinative conference or hearing and may issue an order preventing further sexual harassment. An order can only be made if the Commission Member is satisfied the worker has experienced sexual harassment. 

We cannot award compensation or penalties. 

Our jurisdiction aims to create safer and healthier work environments by proactively addressing sexual harassment.  

You can read more about cases we have dealt with in the Sexual harassment case law benchbook. 

You don’t need a lawyer to come to us, but you may want to get legal advice before you apply or if:  

• you are unsure if you have a case 

• you are unsure if you should make an application 

• you need help to run the case. 

Services that may be able to provide free or low-cost legal help can be found on the Where to find legal help page. If you are a member of a union or employer organisation, they may be able to help you. 

Our Workplace Advice Service organises free legal help for employees and employers that qualify. Using this service is not the same as applying with us. Check your eligibility in the request form. 

We know that it can be stressful to take part in a legal process. Our website has information about how to look after your health and wellbeing. 

When a person has lost their job, they may be able to apply to us for help in resolving the issue. This starts a legal process. All applications relating to job loss must be received by us within 21 days of the job loss taking effect. 

There are 5 options in the Fair Work Act 2009 (Cth): 

• unfair dismissal 

• general protections dismissal 

• unlawful termination 

• unfair termination 

• unfair deactivation. 

You can only apply for one option. Read the information on our Job loss or dismissal web pages to see if you qualify. 

Unfair Dismissal 

This option is available for employees who: 

• have been dismissed 

• have worked for 6 months (or 12 months in a small business) 

• earned less than the high income threshold 

• are part of the national system. 

To understand unfair dismissal and find out if you are eligible, see About unfair dismissal. 

General protections dismissal 

This option is available for employees who are dismissed for a prohibited reason under the Fair Work Act 2009 (Cth). These include discrimination, temporary absence due to illness or injury and workplace rights. An example would be if you were dismissed because of your age. 

To understand general protections dismissal and find out if you are eligible, see about general protections. 

Unlawful termination 

This option is available for employees who are not eligible to apply for unfair dismissal or general protections dismissal. 

To understand unlawful termination and find out if you are eligible, see about unlawful termination. 

Unfair termination 

This option is available for regulated road transport contractors who: 

• were terminated on or after 26 August 2024 

• worked in the road transport industry under a services contract or a series of contracts for a period of at least 6 months (after 26 August 2024) 

• earned less than the contractor high income threshold. 

To understand unfair termination and find out if you are eligible, see Unfair termination for regulated road transport contractors. 

Unfair deactivation 

This option is available to employee-like workers who: 

• were deactivated on or after 26 August 2024 

• performed digital labour platform work 

• worked on a regular basis for a period of at least 6 months (after 26 August 2024). 

To understand unfair deactivation and find out if you are eligible, see Unfair deactivation for employee-like workers. 

We are independent and do not take sides when dealing with disputes. Many disputes are resolved through an informal process called conciliation. 

Sometimes informal processes fail, they are not used or one of the parties chooses not to take part. If so, the case continues to a formal legal process. This means the parties must attend a hearing or conference led by a Commission Member. 

Before you apply, you should:  

• check you are eligible 

• check the timeline or deadline you must meet 

• understand if there any fees and costs to apply 

• ensure you are using the appropriate form. 

   

To make sure the Fair Work Commission stays independent, our staff cannot: 

• give an opinion on your situation 

• tell you if you should make an application 

• tell you how to run a case 

• act for one person against another person (represent you). 

If you need legal help, you should seek legal advice. Services that may be able to provide free and low-cost legal help can be found on the Where to get legal help page. If you are a member of a union or employer organisation, they may be able to help you. 

The general protections laws protect workplace rights. Most people and businesses are covered by these laws. See Who the general protections laws protect for more information. 

You should read About the general protections laws. This will help you to understand the general protections. The law now includes the right to disconnect. 

When you apply to us under general protections laws you are starting a legal process. You can file a general protections application with us if you believe you have experienced adverse action because you exercised a workplace right. For non-dismissal applications you apply to address conduct like changes to duties, reduced pay or discriminatory treatment that does not involve termination.

We can only hold a conciliation conference to try to resolve the matter if the other party agrees to participate. If they do not agree to participate in a conference, we will close the file. 

To make sure we stay independent, our staff cannot:  

• give an opinion on your situation 

• tell you if you should make an application 

• tell you how to run a case  

• act for one person against another person (represent you). 

If you need legal help deciding which application may be right for you, you should seek legal advice. 

We have a limited role regarding unfair contract terms. We focus on independent contractors and contracts for services. 

If you are an independent contractor and believe your contract is unfair or harsh, you may be able to apply to us for help. You must be earning less than the contractor high income threshold to apply. 

We can only accept applications that relate to services contracts made (entered into) on or after 26 August 2024. 

When you apply, a Commission Member can examine whether the contract imposes unfair conditions or if it is unbalanced in its obligations and entitlements. 

If the Commission Member finds that a contract is unfair or harsh, they can make orders to vary or set aside certain terms. 

For further information, see Independent contractor disputes about unfair contract terms on our website. 

To apply, see Apply for an unfair contract terms remedy. 

The right to disconnect is an employee’s ability to disengage from work-related communications, such as emails, messages, or telephone calls, outside of their normal working hours without being penalised, if the refusal is reasonable. The refusal will be considered unreasonable if the contact or attempted contact is required by law. 

The right to disconnect aims to promote work-life balance. Employees and employers can apply to resolve a dispute about the right to disconnect. We can only help if you:  

• could not resolve the dispute in the workplace 

• are a national system employee or employer  

• are not small business employee or employer  

Small businesses are covered by the right from 26 August 2025.  

For more information, see Right to disconnect disputes on our website. 

To apply, see Apply to deal with a dispute about the right to disconnect on our website. 

A labour hire arrangement order sets a protected pay rate for labour hire employees who are working for a host employer (to be paid the same or more than employees completing the same kind of work at the host employer).

A labour hire arrangement order dispute is a disagreement concerning the rate of pay of workers engaged through a labour hire arrangement and subject to a labour hire arrangement order. We may be able to address these disputes. For further information, see Labour hire arrangement order disputes on our website. 

Once you apply to us, we will try to resolve the dispute through a process called conciliation. In a conciliation, a Commission Member will help the parties to try to resolve the dispute. If the dispute cannot be resolved that way or if there are exceptional circumstances, we can deal with the dispute by arbitration. The parties do not have to agree for us to arbitrate, but it will affect the enforcement date of any orders made. 

A fixed term contract is an agreement that lasts for a specified period or until a particular task or job is completed. The contract includes an end date. This is the date that the working relationship ends. 

We may be able to assist in resolving disputes about fixed term contracts. For further information, see Disputes about fixed term contracts on our website. 

Once you apply to us, we will try to resolve the dispute through a process called conciliation. In a conciliation, a Commission Member will help the parties to try to resolve the dispute. If the employer and employee agree, we can also deal with the dispute by consent arbitration. 

We cannot assist with pay and wages. For information about pay and wages, visit the Fair Work Ombudsman website. The Fair Work Ombudsman can help with: 

• pay rates 

• pay slips 

• underpaid or unpaid wages 

• allowances 

• penalty rates 

• overtime 

• overpayments 

• termination or redundancy pay. 

The Fair Work Ombudsman provides information, education and advice on pay rates and workplace rights and obligations. They also enforce compliance with the Fair Work Act 2009 (Cth), related legislation, awards and registered agreements. 

The Fair Work Ombudsman and the Fair Work Commission are separate organisations. Find out the difference between the Fair Work Commission and the Fair Work Ombudsman. 

We cannot assist with enquiries about leave. 

For information about leave, visit the Fair Work Ombudsman’s website. The Fair Work Ombudsman can help with: 

• checking or calculating leave entitlements 

• rules around taking annual leave 

• directing an employee to take annual leave 

• sick and carer’s leave 

• parental leave 

• compassionate and bereavement leave 

• family and domestic violence leave 

• public holiday work 

• long service leave. 

The Fair Work Ombudsman provides information, education and advice on pay rates and workplace rights and obligations. They also enforce compliance with the Fair Work Act 2009 (Cth), related legislation, awards and registered agreements. 

The Fair Work Ombudsman and the Fair Work Commission are separate organisations. Find out the difference between the Fair Work Commission and the Fair Work Ombudsman. 

When an employee is made redundant, their employer may need to pay them redundancy pay (also known as severance pay). 

An employer may apply to us to vary an employee’s redundancy pay. For more information, please see Apply to change redundancy pay on our website. 

For information, see the Fair Work Ombudsman’s website about redundancy pay and entitlements. 

Employees 

We cannot assist with enquiries about taxation (tax). 

For information about tax, contact the Australian Taxation Office (ATO). The ATO can help with information for individuals and families. 

If you need more help, you can contact the ATO online at ATO – contact us or by calling them on 13 28 65. 

Employers 

We cannot assist with enquiries about taxation (tax).  

For information about tax, contact the Australian Taxation Office (ATO). The ATO can help with information for businesses and organisations about: 

• starting, registering, or closing a business 

• hiring and paying workers 

• superannuation. 

If you need more help, you can contact the ATO online at ATO – contact us or by calling them on 13 28 66. 

Employees 

We cannot assist with enquiries about superannuation (super). 

For information about super, contact the Australian Taxation Office (ATO). The ATO can help you: 

• understand what super is 

• find out how much super your employer should pay 

• find out what to do if your employer hasn’t paid your super 

• find out how to keep track of your super. 

The ATO gives advice and information about super. The ATO is the primary enforcement agency for the compulsory super guarantee. 

If you need more help, you can contact the ATO online at ATO – contact us or by calling them on 13 10 20. 

Employers 

We cannot assist with enquiries about superannuation (super). 

For information about super, contact the Australian Taxation Office (ATO). The ATO can help you: 

• work out if you have to pay super to your employees 

• understand how to set up your business so that you can pay super 

• understand where and how to pay your employees super 

• check if you’re meeting your super obligations 

• what to do if you miss a payment or make a late payment. 

The ATO gives advice and information about super. The ATO is the primary enforcement agency for the compulsory super guarantee. 

If you need more help, you can contact the ATO online at ATO – contact us or by calling them on 13 10 20. 

We cannot assist with enquiries about workplace health and safety or workers’ compensation. 

For enquiries about workplace health and safety, contact the relevant agency in your state or territory: 

• SafeWork NSW – send an online enquiry or call 13 10 50 

• SafeWork SA – email them at help.safework@sa.gov.au or call 1300 365 255 

• WorkSafe Victoria – email info@worksafe.vic.gov.au or call 1800 136 089 

• Workplace Health and Safety Queensland – lodge an online enquiry or call 1300 362 128 

• WorkSafe WA – email wscallcentre@demirs.wa.gov.au or call 1300 307 877 

• WorkSafe Tasmania – email wstinfo@justice.tas.gov.au or call 1300 366 322 

• NT WorkSafe – email ntworksafe@nt.gov.au or call 1800 019 115 

• WorkSafe ACT – email worksafe@worksafe.act.gov.au or call 13 22 81 

For enquiries about workers’ compensation, contact the relevant authority in your state or territory: 

• State Insurance Regulatory Authority (NSW) – email contact@sira.nsw.gov.au or call 13 10 50 

• WorkSafe Victoria – email info@worksafe.vic.gov.au or call 1800 136 089 

• WorkCover Queensland – email info@workcoverqld.com.au or call 1300 362 128 

• ReturnToWorkSA – email info@rtwsa.com or call 13 18 55 

• WorkCover WA – call 08 9388 5555 

• WorkSafe Tasmania – email wstinfo@justice.tas.gov.au or call 1300 366 322 

• NT WorkSafe – email ntworksafe@nt.gov.au or call 1800 019 115 

• WorkSafe ACT – email worksafe@worksafe.act.gov.au or call 13 22 81 

• Comcare – lodge an online enquiry or call 1300 366 979 

Safe Work Australia leads the development of national policy to improve work health and safety and workers' compensation arrangements across Australia. For information about work health and safety and workers’ compensation policy, please contact Safe Work Australia. 

The Sir Richard Kirby Archives contains a range of material, including documents, photographs and oral history interviews. 

For further history and library resources, see History on our website. 

If you would like to access these resources, please complete this webform and a member of our Library team will contact you. 

Our Online Learning Portal is a free resource designed to help employers, employees and other stakeholders understand workplace rights, responsibilities and our processes. 

We offer interactive courses on key topics such as: 

• workplace bullying 

• preparing for an unfair dismissal conciliation 

• sexual harassment 

• interest-based bargaining 

• pay, entitlements and awards. 

These courses are presented in a user-friendly format with videos, quizzes, practical scenarios and accompanying fact sheets. 

Our Online Lodgment Service (OLS) is a portal to help you lodge/upload your application online. The OLS guides users through some forms step-by-step, ensuring all required information is entered before the application is submitted. 

Only certain forms can be submitted using the OLS. If the form is available in the OLS, we encourage users to apply through the OLS. This allows for faster processing of applications. 

If the form you need is not in the list, it cannot be lodged using the OLS. A list of all forms and information about other ways to lodge a form are available on the Forms page of our website. 

The Fair Work (Registered Organisations Act) 2009 protects eligible people who make a report of disclosable conduct related to a registered organisation which is an employer association or union. 

A report of disclosable conduct can be made to the registered organisation, to us or to the Fair Work Ombudsman. 

Disclosable conduct is an act (or failure to act) in which someone may have: 

• breached the Fair Work (Registered Organisations Act) 2009, Fair Work Act 2009 or Competition and Consumer Act 2010 

• committed a criminal offence under Commonwealth law. 

The conduct must have been by a registered organisation, its officers or employees. 

If you wish to report your concern to us, use our report a protected disclosure template. 

To find out more, see Whistleblowing about a registered organisation on our website. 

If you need more information, you can call us on 1300 341 665 or email us at regorgs@fwc.gov.au. 

Regulated worker minimum standards orders and guidelines  

We can set minimum standards for regulated workers. These can be in the form of minimum standards orders or guidelines. 

There are two types of regulated worker: 

• an employee-like worker 

• a regulated road transport contractor. 

Minimum standards orders are legally binding instruments issued to establish minimum conditions for regulated workers. Guidelines are not legally binding. 

We can also vary or revoke minimum standards orders and guidelines. 

Road transport contractual chain orders and guidelines 

A road transport contractual chain is a series of contracts or arrangements to perform work in the road transport industry. 

Road transport contractual chain orders are legally binding. Guidelines are non-binding. Orders and guidelines can set minimum standards for: 

• regulated road transport contractors 

• road transport employee-like workers 

• other persons in a road transport contractual chain. 

To view an example of a contractual chain order, see our video Road transport contractual chain orders. 

For more information see Regulated worker and contractual chain standards on our website. 

We can register collective agreements made between regulated businesses and unions that represent regulated workers. A collective agreement provides the terms and conditions for employee-like workers or regulated road transport contractors who perform work under a services contract. 

There are two types of collective agreements: 

• employee-like collective agreements 

• road transport collective agreements. 

You can apply to us to register a collective agreement. 

Our role is to assess applications to make sure they meet the requirements in the Fair Work Act 2009 (Cth). 

A collective agreement does not take effect until it is registered by us. 

We have resources available on our website to assist you with making a collective agreement. For information on the process to make a collective agreement see timeline for the collective agreement for regulated workers process. 

For additional help, contact member.assist@fwc.gov.au. The Member Assist team will try to respond within 2 business days.