New South Wales employment law

The national minimum wage in New South Wales is $24.10 per hour (effective 1 July 2025, following the Fair Work Commission's Annual Wage Review 2025-26). The national minimum wage is set by the Fair Work Commission and applies across all sectors covered by the national system in New South Wales.

In New South Wales, employees are entitled to long service leave under the Long Service Leave Act 1955 (NSW). You qualify after 10 years of continuous service with the same employer and receive 8.67 weeks of paid leave. Pro-rata entitlement: After 5 years if dismissed or employer-initiated.

Most private sector employees in New South Wales are covered by the Fair Work Act 2009 (Cth) — referred to as "national system employees." This includes employees of constitutional corporations, the Commonwealth, and territory employers. State and local government employees in New South Wales are covered by state public sector employment laws rather than the Fair Work Act.

Workers compensation in New South Wales is administered by SIRA (State Insurance Regulatory Authority) (https://www.sira.nsw.gov.au). If you are injured at work, you must notify your employer as soon as possible, seek medical treatment and obtain a medical certificate, and lodge a workers compensation claim with your employer's insurer. Most employers are required by law to hold workers compensation insurance. Claims cover medical expenses, rehabilitation, and income replacement while you cannot work.

Under the Fair Work Act 2009 (NES), full-time employees in New South Wales have a maximum of 38 ordinary hours per week. An employer can request reasonable additional hours, but employees can refuse unreasonable requests. What counts as "reasonable" depends on factors like health and safety, personal circumstances, the nature of the role, and usual working patterns in the industry. Modern awards and enterprise agreements may also set daily and weekly maximum hours relevant to your specific occupation.