Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- Why the 2026 review matters for small businesses
- What is the current minimum wage in Australia?
- What factors could influence whether minimum wages increase in 2026?
- Why the headline minimum wage is only part of the story
- What legal risks should small business owners watch for?
- What should employers do now?
- Do employment contracts need to be updated?
- When would any new minimum wage rates take effect?
- How small business owners can prepare
- How Sprintlaw can help
If you run a small business in Australia, it is worth keeping a close eye on the 2026 Annual Wage Review. Each year, the Fair Work Commission reviews the National Minimum Wage and minimum award wages. The review usually takes place between March and June, and any changes generally begin from the first full pay period on or after 1 July.
At the moment, Australia’s National Minimum Wage is $24.95 per hour or $948.00 per week based on a 38-hour week. That rate has applied from 1 July 2025 for employees who are not covered by an award or registered agreement.
However, for many small businesses, the headline minimum wage is only part of the picture. Many employees are covered by a modern award, and awards are legal documents that set minimum pay rates and workplace conditions. That can include things like classification levels, penalty rates, overtime and allowances.
Why the 2026 review matters for small businesses
For small business owners, minimum wage changes are not just a payroll issue. They can affect budgeting, rostering, salary arrangements, employment contracts and broader workplace compliance. Even a relatively modest increase can have a wider effect once you factor in multiple employees, different classifications, casual loadings, penalty rates and allowances.
Importantly, many underpayment issues do not arise because a business ignored the National Minimum Wage altogether. They arise because the wrong award was applied, an employee was placed in the wrong classification, payroll settings were not updated, or entitlements like weekend rates, overtime or allowances were missed. Fair Work’s pay guides and Pay Calculator exist for exactly this reason.
What is the current minimum wage in Australia?
As at March 2026, the current National Minimum Wage remains $24.95 per hour or $948.00 per week. That is the adult minimum rate for employees who are not covered by an award or enterprise agreement. Lower or different rates can apply in some cases, including for some juniors, apprentices and trainees.
That said, many employees are not award-free. If an employee is covered by a modern award, their minimum lawful pay may depend on the specific award, the employee’s classification, whether they are full-time, part-time or casual, and whether penalties or allowances apply.
What factors could influence whether minimum wages increase in 2026?
The Fair Work Commission’s Annual Wage Review is a formal process in which the Commission reviews minimum wages each financial year. The process includes submissions and consideration of broader wage-setting issues.
From a practical perspective, the factors often discussed around minimum wage changes include cost-of-living pressures, inflation, economic conditions, and the effect of wage changes on workers and businesses. For employers, the key point is not to predict the exact outcome, but to be ready for the possibility that both the National Minimum Wage and award minimum rates may change.
Why the headline minimum wage is only part of the story
One of the most common misconceptions for employers is that paying above the national minimum wage automatically means they are compliant. In reality, if an employee is covered by an award, the business may also need to account for award classifications, casual loading, overtime, penalty rates and allowances.
This is particularly relevant in common small business sectors such as hospitality, retail, administration and services, where modern awards frequently apply. In those cases, the correct pay rate often depends on the work the employee actually performs, not just the title written in the contract.
What legal risks should small business owners watch for?
The biggest risk is usually underpayment. That can happen if a business uses the wrong award, applies the wrong classification, misses a wage increase, or fails to pay penalties, overtime or allowances correctly. Even where the mistake is unintentional, it can still lead to back-pay liability, employee complaints and broader compliance issues.
Small business owners should also review whether their employment contracts still reflect the reality of the working arrangement. Contracts that refer to outdated rates, use broad wording without clearly addressing award coverage, or do not properly support salary arrangements can create avoidable risk.
Another area to watch is record-keeping and payslips. If a dispute arises, accurate records can make a major difference in showing how employees have been classified and paid.
What should employers do now?
Even before any 2026 decision is handed down, small business owners can take sensible steps now to reduce risk. Start by checking whether each employee is covered by an award, a registered agreement, or is genuinely award-free. That is the foundation for working out the correct minimum pay obligations.
Next, review whether each employee is in the correct classification under the relevant award. Then check whether your payroll settings correctly apply base rates, casual loading, weekend rates, public holiday rates, overtime and allowances where required.
It is also a good time to review your employment contracts, salary arrangements and workplace policies. If your workforce has changed over time, or if casual or contractor arrangements no longer reflect how the work is actually being performed, it may be worth reviewing those arrangements before any wage changes take effect.
Do employment contracts need to be updated?
Not every wage increase means every contract needs to be rewritten. But an annual wage review is a useful trigger point for checking whether your contracts are still accurate and fit for purpose. If a contract refers to outdated pay rates, does not clearly identify how pay is structured, or no longer matches the employee’s duties and hours, it may be time for an update.
This is especially important where employees are paid an annual salary rather than a straightforward hourly rate. Salaries do not remove minimum wage or award obligations, and businesses still need to ensure that employees receive at least their lawful minimum entitlements overall.
When would any new minimum wage rates take effect?
If the Fair Work Commission decides to increase the National Minimum Wage or minimum award wages in the 2026 review, the change would generally begin from the first full pay period on or after 1 July 2026. That timing matters because the relevant date can depend on your pay cycle, not just the calendar date itself.
That is why it is worth preparing early. Waiting until the new rates are announced can leave very little time to review classifications, update payroll and check that your employment documents still support your current arrangements.
How small business owners can prepare
For many businesses, the best approach is a short compliance review before 1 July each year. That might include checking award coverage, confirming classifications, reviewing pay rates and salary arrangements, testing payroll settings, and making sure your contracts and policies still align with your legal obligations.
Taking those steps early can help reduce the risk of underpayments, disputes and rushed payroll fixes later. It can also give you a clearer picture of whether your current workplace documents and pay practices are still doing the job they need to do.
How Sprintlaw can help
For small business owners, minimum wage changes are rarely just about one number. They often raise broader questions about award coverage, employee classifications, employment contracts, salary arrangements and overall workplace compliance. Getting those issues right early can help reduce the risk of underpayments and avoidable disputes.
If you are unsure whether your employees are being paid correctly, or whether your contracts and payroll practices are still up to date, getting legal advice before any new wage changes take effect can put your business in a much stronger position.
Need help understanding your employment law obligations? You can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








