Employing an au pair in Australia
Fair Work Act + National Employment Standards
Last reviewed
This is general guidance, not legal advice.
Employment law changes, varies by region and depends on your exact arrangement. Figures below are researched from official sources but go out of date — always confirm the current position with the official body linked on this page, or with a qualified labour adviser, before you rely on it.
A nanny employed in Australia is generally covered by the Fair Work system — the National Employment Standards (NES) and usually the Miscellaneous Award (there is no dedicated nanny award). Confirm details with the Fair Work Ombudsman.
Pay floor
A$26.44 / hour National Minimum Wage
From 1 July 2026: A$1,004.90 a week or A$26.44 an hour for ongoing employment, and A$33.05 an hour for casuals including the 25% loading. ⚠️ An entry-level rate for the first six months may be as low as A$978.10 a week or A$25.74 an hour — which is why the Miscellaneous Award’s Level 1 rate sits below the National Minimum Wage without being wrong. If an au pair is an employee they are covered by the Miscellaneous Award (MA000104): Level 1 A$25.74 for the first three months, then Level 2 A$27.08. Reviewed each 1 July. Verified against Fair Work on 2 September 2026.
What to get right
Employee or not? Australia will not answer in general
The Fair Work Ombudsman’s position is that “whether a nanny or an au pair is an employee will depend on the individual relationship”. Some au pairs are effectively live-in employees; others are here mainly for a cultural stay and give only small assistance. The test the FWO offers is control — if the family has a lot of control over the au pair’s day-to-day activities, they are likely to be an employee. The FWO recommends getting independent advice on your own arrangement, and that is genuinely the answer here: nobody can settle it for you from a rulebook.
If they are an employee, it is the Miscellaneous Award
Not the Children’s Services Award, which covers day care centres, family day care, out-of-school-hours care, kindergartens and preschools. Work in a private home — caring for children, preparing their meals, planning activities and light household work — falls under the Miscellaneous Award MA000104. From 1 July 2026 that is A$978.10 a week (A$25.74 an hour) at Level 1 for the first three months, then A$1,029.10 (A$27.08) at Level 2.
Two different floors, both correct
The National Minimum Wage for ongoing employment is A$1,004.90 a week, but an entry-level rate applying to the first six months of employment may be as low as A$978.10. That is why an award’s Level 1 rate can sit below the National Minimum Wage and still be lawful. Casual employees get a 25% loading — A$33.05 an hour on the National Minimum Wage — but the loading is not paid on overtime, and a casual must be engaged and paid for at least two consecutive hours each time they work.
Written agreement
A written agreement is strongly recommended and you must give the employee the Fair Work Information Statement. Use the contract template in the NannyTank app as a starting point.
Minimum pay
Pay at least the applicable minimum — usually the Miscellaneous Award rate — which is reviewed on 1 July each year. Casual employees get a loading instead of paid leave. Confirm the current rate.
Superannuation
You must pay superannuation contributions on top of wages, paid at the same time as wages under “Payday Super”.
NES entitlements
The 11 National Employment Standards apply — including maximum weekly hours, annual leave, personal/carer’s leave, public holidays and notice of termination.
Official sources
Check these for the current position — they are the authority, this page is not.
An editable contract template for Australia
NannyTank includes a downloadable employment contract template that references Fair Work Act + National Employment Standards — you fill in the agreed pay and hours. Available in the app, along with hours, overtime and claim tracking.
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NannyTank is not a law firm and does not provide legal advice. This page is a starting point to help you know what to look into; it may be incomplete or out of date, and it does not account for your specific circumstances. Confirm anything you rely on with the official bodies above or a qualified adviser.