How to Read an Australian Job Offer: Super, Leave, Probation and Notice

Migratio Editorial · Last updated

TL;DR: The National Employment Standards (Fair Work Act 2009) guarantee 4 weeks' paid annual leave and 10 days' paid personal/carer's leave a year (not for casuals), plus a notice-of-termination scale that runs from 1 week (under 1 year of service) to 4 weeks (over 5 years), with an extra week if you're over 45 with 2+ years' service. Superannuation is currently 12% of your ordinary earnings (from 1 July 2025, fixed at that rate) — check whether your offer states salary 'plus super' or as a 'total package inclusive of super', because that single phrase changes what you actually take home. The Act doesn't require or define a 'probation period' as such; what it actually sets is a minimum employment period (6 months, or 12 months if the employer has fewer than 15 staff) before unfair-dismissal protection applies.

An Australian job offer looks straightforward until you hit the phrases that quietly change what you're actually being paid or how exposed you are in the first few months — 'total package', 'probation period', 'four weeks' notice or payment in lieu'. This page goes through an offer clause by clause against what the law actually requires, so you know which numbers are legal minimums, which are the employer's own terms, and which phrase to double-check before you sign.

Base Salary vs Total Package

'Base salary' or 'base pay' usually means the cash salary itself, with superannuation calculated and paid on top of it by the employer. 'Total remuneration package' or 'package inclusive of super' means the number in your offer already includes the superannuation contribution — so a $90,000 package inclusive of super pays you roughly $80,357 in salary with the remaining ~$9,643 going to your super fund, not $90,000 in the bank plus super on top. Neither structure is unlawful; the difference is entirely about what the number in the offer letter actually represents, and it's worth asking directly if the offer doesn't say.

Superannuation: The 12% Explained

Under the Superannuation Guarantee (Administration) Act 1992, employers must contribute superannuation on your ordinary earnings at the 'charge percentage', which the Act currently fixes at 12% — the rate that took effect from 1 July 2025 as the final step of a long-scheduled increase, and it stays at 12% going forward. This is a minimum, not a cap; some employers pay more, particularly in the public sector or under certain enterprise agreements.

Home Affairs assesses a sponsored worker's salary against the visa income thresholds (the Core Skills Income Threshold, currently $79,423 as at 1 July 2026, for the Skills in Demand 482 visa) using guaranteed base salary — non-guaranteed elements like bonuses, overtime and non-monetary benefits are excluded from that calculation. Whether a superannuation contribution structured as part of a packaged total affects that figure is a question worth raising directly with your sponsoring employer or migration agent rather than assuming either way — it isn't spelled out in a single, easily quotable public source.

Annual Leave: 4 Weeks, With One Exception

Section 87 of the Fair Work Act 2009 entitles a full-time or part-time employee (not a casual) to 4 weeks of paid annual leave for each year of service, accruing progressively according to your ordinary hours of work and carrying over year to year if unused. The exception is shiftworkers: an employee defined as a shiftworker under an applicable award or enterprise agreement gets 5 weeks instead of 4. Casual employees don't accrue annual leave at all — their 25% casual loading (typical, though the exact figure depends on the applicable award or agreement) is paid specifically as compensation for the leave and other entitlements they miss out on.

Personal/Carer's Leave: 10 Days a Year

Section 96 entitles employees (again, not casuals) to 10 days of paid personal/carer's leave per year of service, accruing the same way as annual leave. It can be used either because you're personally unwell or injured (s97(a)) or to care for or support an immediate family or household member dealing with an illness, injury or unexpected emergency (s97(b)). Notice and evidence requirements apply (a medical certificate is commonly requested for longer absences), but the entitlement itself is a fixed 10 days, not something an employer can offer less of.

Public Holidays

Section 114 entitles you to be absent from work on a public holiday in the location where you're based for work — but the employer can reasonably request you work it, and you can reasonably refuse. Whether a request or a refusal is 'reasonable' depends on factors the Act specifically lists: the nature of the job and workplace, your personal circumstances (including family responsibilities), whether you could have expected the request, whether you're paid extra for working the public holiday, and your type of employment (full-time, part-time, casual, shiftwork). There's no fixed national list of dates the NES itself sets — public holidays are declared separately by each state and territory and vary by location.

Probation — What the Offer Says vs What the Law Actually Sets

The Fair Work Act doesn't use the word 'probation' or require a probation period at all — that's contract language employers choose to use, typically 3 or 6 months, during which either side can end the employment relatively easily. What the Act does set is a minimum employment period for unfair-dismissal protection under section 383: 6 months if your employer has 15 or more employees, or 12 months if it's a small business employer (fewer than 15 employees, counted under s23). Until you've completed whichever period applies, you generally can't bring an unfair-dismissal claim, regardless of what your contract calls the arrangement or how long it says your 'probation' lasts. A contract's stated probation length and the Act's minimum employment period are two different things that happen to often be discussed in the same conversation.

Notice Periods — the Actual Table

Section 117 sets the minimum notice an employer must give before terminating your employment (or pay in lieu of that notice), based on your length of continuous service at the time notice is given:

Not more than 1 year of service: 1 week

More than 1 year but not more than 3 years: 2 weeks

More than 3 years but not more than 5 years: 3 weeks

More than 5 years: 4 weeks

Add one extra week to any of these if you're over 45 years old and have completed at least 2 years of continuous service at the time notice is given. These are minimums — an award, enterprise agreement or your individual contract can specify more, but not less. Casual service doesn't count toward the length-of-service calculation for this table.

Casual Loading

If you're offered casual employment, you should be paid a casual loading on top of the base hourly rate — commonly 25%, though the exact percentage depends on the award or agreement covering the role (verified here against one example, the Electrical, Electronic and Communications Contracting Award 2020, clause 12.4). That loading exists specifically as compensation for the leave, notice and redundancy entitlements a casual employee doesn't otherwise get. Our guide to permanent vs casual vs contract work goes into how the three engagement types actually differ.

Next Steps

Before you sign: confirm whether the salary figure is base or total package inclusive of super, check what your notice period and probation arrangement actually say against the minimums above, and note your leave entitlements so you can track your own accrual. If the offer depends on visa sponsorship, our guide to who pays 482 visa costs and our SAF levy guide cover the parts of the arrangement that are specific to sponsored roles rather than ordinary employment.

Frequently asked questions

Is superannuation paid on top of my salary or included in it?

It depends entirely on how the offer is worded. 'Base salary' generally means super is calculated and paid on top. 'Total remuneration package' or 'inclusive of super' means the figure already includes the superannuation contribution, so your actual take-home cash is lower than the headline number. Ask directly if the offer doesn't specify.

How much superannuation must my employer pay?

The Superannuation Guarantee rate is currently 12% of your ordinary earnings, the rate that took effect from 1 July 2025 and stays fixed there. It's a legal minimum, not a cap — some employers pay more.

How much annual leave am I entitled to in Australia?

4 weeks of paid annual leave per year of service under the National Employment Standards (Fair Work Act 2009 s87), or 5 weeks if you're classified as a shiftworker under your award or agreement. Casual employees don't accrue paid annual leave.

What does 'probation period' actually mean legally in Australia?

The Fair Work Act doesn't define or require a probation period — it's contract language an employer chooses to use. What the Act actually sets is a minimum employment period (6 months, or 12 months at a small business with under 15 employees) before unfair-dismissal protection applies, under s383. The two often get discussed together but aren't the same thing.

How much notice does my employer have to give if they end my job?

Under s117 of the Fair Work Act: 1 week if you've worked there under a year, 2 weeks for 1–3 years, 3 weeks for 3–5 years, 4 weeks for over 5 years — plus an extra week if you're over 45 with at least 2 years' service. These are minimums; a contract or award can offer more but not less.

How many sick days do I get in Australia?

10 days of paid personal/carer's leave per year of service under s96 of the Fair Work Act, usable either for your own illness or injury or to care for an immediate family or household member. Casual employees don't accrue this leave.

What's a normal casual loading percentage in Australia?

Commonly 25%, though the exact figure depends on the specific award or agreement covering the role. It's paid as compensation for the paid leave, notice and other entitlements casual employees don't otherwise receive.

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Related: Salary Packaging Explained: What It Is and Who Actually Offers It · Permanent, Casual or Contract: How Australian Employment Types Differ · Understanding Superannuation as a New Migrant in Australia · 482 Visa Salary Threshold: CSIT, SSIT & the Market Salary Test Explained · Who Pays 482 Visa Costs: Employer vs Worker · TFN vs ABN: which one you need and why the difference matters