HR compliance in Australia covers five areas: the Fair Work Act and modern awards, superannuation, work health and safety, privacy, and anti-discrimination law. In 2026 the numbers to check are the $26.44 hourly national minimum wage and Payday Super, both in force from 1 July.
Updated October 2026
Key points
- The national minimum wage is $26.44 per hour, or $1,004.90 for a 38-hour week, from the first full pay period on or after 1 July 2026 (Fair Work Commission, Annual Wage Review 2026).
- Modern award minimum rates rose 4.75% from the same date.
- The super guarantee is 12%, and from 1 July 2026 Payday Super requires contributions to be paid with each payday, not quarterly.
- Work health and safety duties come from the model WHS laws in most states and territories; Victoria applies its own OHS Act 2004.
- Anti-discrimination obligations are federal (Sex, Race, Disability and Age Discrimination Acts) plus state laws such as Victoria's Equal Opportunity Act 2010.
Fair Work regulations
Australian employers must comply with the Fair Work Act 2009, which governs employer-employee relationships and sets the minimum standards for employment conditions. This includes wages, leave entitlements, working hours and termination procedures.
Key compliance considerations under the Fair Work Act include:
- Payroll compliance: paying accurate wages on time and meeting tax and superannuation obligations.
- Award compliance: applying the correct modern award or enterprise agreement to each employee, including the 4.75% award increase from 1 July 2026.
- Leave compliance: managing annual leave, personal leave and parental leave entitlements.
| 2026 figure | Value | Source |
|---|---|---|
| National minimum wage (hourly) | $26.44 | Fair Work Commission, Annual Wage Review 2026 |
| National minimum wage (38-hour week) | $1,004.90 | Fair Work Commission, Annual Wage Review 2026 |
| Modern award minimum rates | +4.75% from 1 July 2026 | Fair Work Commission, Annual Wage Review 2026 |
| Super guarantee rate | 12% | ATO |
| Payday Super | Contributions due with each payday from 1 July 2026; must reach the fund within 7 business days | ATO; Payday Super legislation (Royal Assent 6 November 2025) |
Workplace health and safety
Work health and safety (WHS) laws protect the health, safety and welfare of workers. Most states and territories have adopted the model WHS laws; Victoria applies the Occupational Health and Safety Act 2004.
Key compliance considerations under WHS laws include:
- Hazard identification and risk assessment: identifying workplace hazards and assessing risks regularly.
- Health and safety policies and procedures: documenting how the business keeps people safe and how it handles incidents.
- Training and education: making sure employees are trained on safe work practices.
Privacy and data protection
HR teams handle sensitive employee data. The Privacy Act 1988 sets the framework for collecting, using and disclosing personal information.
Key compliance considerations include:
- Data security: protecting employee data from unauthorised access, loss or misuse.
- Consent and disclosure: using personal information only for its intended purpose and getting consent when required.
- Data breach notification: having a process to respond to breaches and notify affected people and the regulator under the Notifiable Data Breaches scheme, where it applies.
Diversity and equal opportunity
Federal law prohibits discrimination through the Sex Discrimination Act 1984, the Racial Discrimination Act 1975, the Disability Discrimination Act 1992 and the Age Discrimination Act 2004, and the Fair Work Act adds general protections. States add their own laws, such as Victoria's Equal Opportunity Act 2010.
Key compliance considerations include:
- Recruitment and selection: fair, unbiased hiring processes.
- Equal pay: equal pay for work of equal value.
- Workplace policies: policies that prevent discrimination and handle complaints.
Hiring contractors in Australia
Not every role needs an employee. If you engage independent contractors, the main risk is misclassification, which Australian law treats as sham contracting. Ontop is the Global Workforce Engine: it acts as contractor of record, handles contracts and compliance, and pays contractors in USD, starting from $49 per contractor per month (see pricing). Ontop does not offer employer of record (EOR). Read how to hire and pay in Australia or how to pay international contractors.
FAQ
What does HR compliance in Australia cover?
Five areas: the Fair Work Act and modern awards, superannuation, work health and safety, privacy under the Privacy Act 1988, and federal and state anti-discrimination law.
What is the minimum wage in Australia in 2026?
$26.44 per hour, or $1,004.90 for a 38-hour week, from the first full pay period on or after 1 July 2026, set by the Fair Work Commission's Annual Wage Review 2026.
What is Payday Super?
From 1 July 2026, employers pay super with each payday instead of quarterly, and contributions must reach the employee's fund within 7 business days.
Is the Equal Opportunity Act 2010 a federal law?
No. It is a Victorian law. Federal anti-discrimination law sits in the Sex, Racial, Disability and Age Discrimination Acts.
Can I hire contractors in Australia instead of employees?
Yes, if the relationship is a genuine contracting arrangement. Misclassifying an employee as a contractor is sham contracting under the Fair Work Act.
Laws change. Check the Fair Work Ombudsman, the ATO and the OAIC for current rules, and get legal advice for your situation. Hiring contractors across borders? Book a demo.
