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Employment ✦ ✦ ✦ ✦ · Australia For businesses

Fair Work Act Minimum Conditions Check

Check whether your business meets Fair Work Act 2009 minimum employment standards — covering the National Employment Standards, Modern Awards, and enterprise agreements.

Start free check 10 questions · 8 minutes · No signup
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Did you know? The numbers behind this check.

  • Up to A$469,500Civil penalty per contravention (corporation)
  • Up to A$93,900Civil penalty per contravention (individual)
  • A$24.10/hr (A$915.90/wk)National minimum wage (2024–25)
  • 4 weeks per year (NES)Annual leave entitlement

Why this matters.

The Fair Work Act 2009 (Cth) establishes the framework for workplace relations in Australia, covering the National Employment Standards (NES), Modern Awards, enterprise agreements, and protections from unfair dismissal and adverse action. The NES sets 11 minimum entitlements that apply to all national system employees — including minimum hours, leave entitlements, flexible working arrangements, and redundancy pay — and cannot be excluded even by enterprise agreement or individual contract. The Fair Work Ombudsman (FWO) actively investigates underpayment and wage theft complaints, with civil penalties up to $93,900 per contravention for individuals and $469,500 per contravention for corporations.

The Closing Loopholes Acts (2023–2024) made significant changes: clearer tests for employee vs. independent contractor status, new rights for gig economy workers, right to disconnect provisions (effective August 2024 for large employers), and enhanced protections for casual employees seeking conversion to permanent employment. The definition of ‘employee’ under the Fair Work Act was also clarified by the High Court in CFMMEU v Personnel Contracting and ZG Operations v Jamsek — common law employment indicators matter, not just contractual labels.

Have these to hand.

  • A list of all workers (employees and contractors) and their employment types (full-time, part-time, casual)
  • The applicable Modern Award(s) covering your industry or occupation
  • Your current employment contracts or agreements
  • Records of leave balances and entitlements for each employee
  • Your enterprise agreement, if you have one

What you’ll get.

  • 1A score out of 100Where you stand today, at a glance.
  • 2Findings ranked by riskWhat could cost you, highest risk first.
  • 3A plan with timeframesWhat to fix first and by when.

Use this free tool to check your compliance with the Fair Work Act 2009 and National Employment Standards, and get a prioritised action plan for your workforce obligations.

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General guidance only, not legal advice. Consult a qualified solicitor or adviser in your jurisdiction for specific issues.