Legal Services Award: Pay Rates, Classifications, and Obligations

The Fair Work Commission’s Annual Wage Review increased modern award minimum wages by 3.5% from the first full pay period starting on or after 1 July 2025, so it’s essential to double-check your classification levels, allowances, and any shift or overtime rates you use in payroll. 

This guide breaks down who the Award covers, how to classify roles, and the key pay and rostering rules to factor in—so you can pay employees correctly and reduce the risk of back pay issues later.

Award Basics

The Legal Services Award sets the minimum pay rates and working conditions for many of the day-to-day support roles you find in the legal services industry across Australia. 

The Award helps ensure staff are paid fairly and receive the correct core entitlements, including minimum base rates, higher rates outside ordinary hours (including overtime and some shiftwork, weekends, and public holidays), breaks, allowances, and leave, alongside the minimum standards set out in the National Employment Standards (NES). 

Employees are grouped into 6 classification levels. These range from Level 1 to Level 5 for legal clerical and administrative roles, with law graduates (a distinct classification) paid at Level 5 and law clerks at Level 6.

Who’s covered under the Legal Services Award?

If your main business is providing legal services or legal support services, there’s a good chance this Award applies.

Businesses covered

The Award covers employers that provide legal and legal support services, including:

• Law firms and legal practices.
• Legal support businesses (e.g., independent conveyancing or paralegal firms).

Employees covered

The Award then applies to employees who work for a covered employer, and fit into one of the Award’s classification levels, including:

• Clerical and administrative employees (e.g., receptionists, legal secretaries, accounts staff).
• Law graduates (specifically those with a law degree completing their practical legal training).
• Law clerks (typically performing paralegal duties).

Who isn’t covered under the Legal Services Award?

The Award doesn’t cover:

• Practising or admitted lawyers (solicitors and barristers)
• Community legal centres (CLCs)
• Aboriginal legal services (ALS)
• Employers whose main business isn’t legal services (e.g, a construction company or a bank)

The Award also doesn’t apply when an employer or employee is instead covered by one of these other modern awards:

• Clerks Award
• Local Government Industry Award
• Professional Employees Award

In those situations, the more appropriate award for the work being done will usually apply rather than the Legal Services Award.

Legal Services Award Classifications and Levels

Under the Legal Services Award, employees are grouped in 2 ways:

• By classification level (based on the work they do and the skills/responsibilities the role needs).
• By employment type (full-time, part-time, or casual).

Main classification levels

Here’s an overview of the main levels and the sorts of roles that usually fall under each.

Employment types

The Legal Services Award includes 3 main types of employment: full-time, part-time, and casual. Separately, the Award also talks about whether someone is a day worker or a shiftworker for rostering and pay purposes (more on them below).

Full-time

Full-time employees work an average of 38 hours per week. They’re ongoing staff with consistent schedules and get all the standard entitlements, including paid annual leave, personal leave, and public holiday rights.

Part-time

Part-time employees work fewer hours than full-time staff, on a regular, agreed-upon pattern. Note that the minimum period of engagement for part-time staff is 3 hours, even if they work less. They get the same types of entitlements as full-time employees, but on a pro-rata basis (e.g., if they work half the hours of a full-time employee, they’ll usually get about half the annual leave and other entitlements).

Casual

Casual employees are engaged as needed. They have no guaranteed hours from week to week, but there are still limits on their ordinary hours (covered later in this guide). Each day a casual employee is engaged, you must pay for at least 4 hours, even if the shift is shorter.

Instead of paid leave and job security, they receive a higher hourly rate, called casual loading. For weekday ordinary hours, this loading is 25% on top of their base rate. So, they’re paid 125%.

Casual employees may, in some cases, request conversion to permanent (part-time or full-time) employment under the NES. To check eligibility rules, timeframes, and the process for making a request, it’s best to refer to the NES and Fair Work’s guidance.

Shiftwork

Shiftwork is when an employee is rostered to work shifts that fall outside standard daytime hours. In the Legal Services Award, shiftwork terms matter because they help work out shift penalties and overtime, which can easily be misapplied or double-counted.

Let’s look at shiftwork more closely for a better understanding.

What counts as a “rostered shift”?

A rostered shift generally requires at least 7 days’ notice (though this can be reduced to 48 hours in emergencies or by mutual agreement).

Common shift types (based on when the shift finishes):

• Afternoon shift: Finishes after 6:00 pm and at or before midnight.
• Night shift: Finishes after midnight and at or before 8:00 am.
• Early morning shift: Starts between 5:00 am and 6:00 am (except in some rotating shift systems).

Who is a “7-day shiftworker”?

A 7-day shiftworker is someone rostered to work regularly on Sundays and public holidays. 

Note: These employees are generally entitled to an extra week of annual leave (see below for more details).

Continuous vs. non-continuous shiftwork

Continuous shiftwork is when work runs across the full 24 hours of each day for at least 6 consecutive days, with employees working back-to-back shifts (with only limited interruptions like meal breaks). This is rare in the legal industry.

A non-continuous afternoon or night shift is simply a pattern that doesn’t run long enough to be treated as continuous. 

In the Award, shiftwork usually only counts if someone works either:

• At least 5 afternoon or night shifts in a row (or 6 in a row in a 6-day workplace where shifts are no longer than 8 ordinary hours), or
• At least 38 ordinary hours of afternoon/night shiftwork (where shifts are longer than 8 ordinary hours).

Permanent night shift 

A permanent night shift is where an employee is effectively on nights long-term. This can include where they:

• Work night shift only during that period of engagement, or
• Stay on night shift for more than 4 consecutive weeks, or
• Work night shifts with little day work. Over a shift cycle, less than 1/3 of their shifts are non-night shifts (e.g., in a 3-week cycle, they work mostly nights, with only a small portion of time on day/afternoon shifts).

Flexibility in the span of shift hours

By agreement with the majority of affected employees (or sometimes an individual employee), the hours during which shifts can be worked may be adjusted by up to 1 hour at either end.

For complete information on shiftwork, it’s best to refer to the Award directly.

Ordinary Hours

Before you can determine pay rates and entitlements, you need to understand the ins and outs of ordinary hours. Simply put, ordinary hours are an employee’s “normal” rostered hours, i.e., the hours you can schedule before overtime applies. Under this Award, ordinary hours are set out differently depending on whether someone is a day worker or a shiftworker.

Day workers

In practice, a “day worker” is someone who works within the Award’s day-worker span (rather than being rostered on a shiftwork arrangement). Here’s what it looks like for them:

Weekly/roster-cycle limits

• Ordinary hours average 38 hours per week.
• They mustn’t exceed 152 hours in 28 days.

When ordinary hours can be worked

• Ordinary hours can be worked Monday to Friday.
• They usually work continuously (except for meal breaks) between 7:00 am and 6:30 pm.

Changing the daily span (“spread of hours”)

• The span can be moved 1 hour earlier or later if the employer and the majority of employees affected agree.

Work outside the span

• If authorised work is done outside the spread of hours, it’s generally treated as overtime.

Work before the span

• If someone starts before the spread of hours and that work is continuous with their ordinary hours (e.g., setting up before others start), it still counts as part of their 38 ordinary hours, not overtime.

Shiftworkers

Shiftworkers also average 38 hours per week and mustn’t exceed 152 hours in 28 consecutive days (with extra rules for continuous vs. non-continuous shiftworkers).

By agreement, a roster system can average 38 hours over a period longer than 28 days, up to 12 months.

For full details on shiftworkers’ ordinary hours (including how continuous and non-continuous shift rosters work), refer to the Award directly.

Pay Rates and Entitlements

Under the Legal Services Award, 2025 pay rates and entitlements set the minimum standards for how much you’re required to pay your employees and what conditions they’re entitled to.

Minimum base rates

Below are the Legal Services Award pay rates for full-time and part-time employees:

To see how the minimum base rate works in practice, let’s take a receptionist or admin support role in a law firm as an example. In this case, the employee would likely fall under Level 2—Legal clerical and administrative employee. If they worked full-time, they’d earn the current minimum weekly rate of $1,068.40.

If working 20 hours per week part-time, you’d pay them $28.12/hour, which equals $562.40/week (20 × $28.12).

And if they were engaged as a casual Level 2 employee, they’d earn the same base rate of $28.12/hour, plus a 25% casual loading of $7.03/hour, which brings their casual rate to $35.15/hour, so over 20 hours, they’d earn $703.00. 

For more information, including junior rates, download the official Legal Services Award Pay Guide.

Penalty rates

Penalty rates are higher pay rates that apply to shiftworkers on certain shifts (such as early morning, afternoon, night, weekends, or public holidays). Under the Award, these rates apply to ordinary hours (the employee’s normal rostered hours that count toward their average 38 hours per week) when those hours are worked on penalty shifts.

1) Early morning, afternoon, and night shift penalty rates (rates are a % of the minimum hourly rate):

Let’s put this into practice. Say a Level 2 employee’s (full-time or part-time) minimum base rate is $28.12/hour, and they work a 6-hour afternoon or night shift on a Tuesday as a shiftworker. The shift rate is 115%, so their paid rate becomes $32.34/hour ($28.12 × 1.15). Over 6 hours, that’s about $194.04 (6 × $32.34).

For a casual Level 2 employee working the same 6-hour afternoon or night shift, the casual shift rate is 140%. That means their paid rate becomes $39.37/hour ($28.12 × 1.40). Over 6 hours, that is about $236.22 (6 × $39.37).

2) Saturday, Sunday, and public holiday shift rates (rates are a % of the minimum hourly rate):

These rates apply when an employee is rostered as a shiftworker:

• Saturday: 150%
• Sunday: 200%
• Public holiday: 250%

For continuous shiftworkers, there’s an extra rule: if the major portion of the rostered shift falls on a Sunday or public holiday, the shift is paid at 200%.

Overtime rules and rates

Overtime is any time worked:

• Outside ordinary hours on any day or shift, or
• Over an average of 38 hours per week.

Rates for day workers and non-continuous shiftworkers (% of the minimum hourly rate):

Let’s say a Level 2 legal clerical and administrative employee (full-time or part-time) typically earns $28.12/hour.

If they work 2 hours of overtime on a weekday, you’d pay them 150% of their minimum hourly rate, which is $42.18/hour (1.5 × $28.12).

If they work more than 3 hours of overtime on the same day, any overtime beyond the first 3 hours is paid at 200%, which is $56.24/hour (2 × $28.12).

For casuals, the overtime percentages are applied in a way that already builds in the casual loading, so the rate you use is the casual overtime rate for that time period (you don’t stack an extra loading on top of it).

Rates for continuous shiftworkers (% of the minimum hourly rate):

• Full-time and part-time: 200%
• Casual: 225%

As a general rule, an employee (other than a casual) should have at least 10 continuous hours off between finishing work and starting ordinary hours the next day.

For more details on overtime (including how it’s calculated), minimum payments, rest breaks after overtime, call-backs, minimum rest periods between shifts, and time off, it’s a good idea to check the Award directly.

Breaks

Breaks help employees recharge during the day. Under the Legal Services Award, there are 2 main types of breaks: unpaid meal breaks and paid rest breaks.

Allowances

You’re also required to provide employees with extra payments, called allowances, to cover work-related expenses or special conditions that arise in legal services roles.

Here are the main allowances under the Legal Services Award:

Leave

Most leave comes from the NES, which applies regardless of the award someone is covered by. The Legal Services Award then adds extra rules about certain leaves.

Annual leave

Here’s some basic information about annual leave specific to the Award:

• Full-time employees generally get 4 weeks of paid annual leave each year under the NES (and part-time employees get the same amount pro rata). Casuals don’t get paid annual leave.
• A 7-day shiftworker who’s rostered to work regularly on Sundays and public holidays gets 5 weeks of paid annual leave.
• When an employee takes annual leave, they must be paid for the ordinary hours they would have worked if they weren’t on leave. 
• If the employee is paid by electronic funds transfer (EFT), they can be paid for annual leave in line with their usual pay cycle.

Annual leave loading (extra pay while on leave)

When an employee takes annual leave, they also get annual leave loading:

• Day workers: 17.5%
• Shiftworkers: 17.5% or the shift loading (including relevant weekend penalty rates), whichever is greater, but not both.

Annual leave in advance

Employees can take annual leave before they’ve accrued it, but only if you both agree in writing. The agreement needs to set out:

• How much leave is being taken in advance.
• The date the leave starts.
• Signatures (with extra signing requirements if the employee is under 18).

You must keep a copy of the agreement.

If the employee leaves before they’ve accrued that leave, the Award allows deductions from final pay for the unaccrued part (in line with the Award’s rules).

Annual leave during a temporary shutdown

If you plan a temporary shutdown and want affected employees to use annual leave, the following rules apply:

• Generally, you need to give 28 days’ written notice (unless a shorter period is agreed with the majority of relevant employees).
• Any direction to take accrued annual leave must be in writing and reasonable.
• For any part of the shutdown not covered by a direction, the employer and the employee can agree in writing to unpaid leave for that part.
• Annual leave in advance can also be used during a shutdown if both the employee and employer agree in writing.

Excessive annual leave balances

An employee has an “excessive” annual leave balance if they have:

• More than 8 weeks, or
• More than 10 weeks if they meet the Award’s shiftworker definition.

The Award expects both sides to first try to agree on a plan to reduce the balance.

If you can’t agree, the Award sets rules for when an employer can direct leave to be taken, or when an employee can request leave to be granted (including notice periods, minimum leave blocks, and minimum balances that must remain).

Cashing out annual leave

Annual leave can be cashed out by written agreement, but:

• The employee must keep at least 4 weeks of annual leave after cashing out.
• They can cash out up to 2 weeks in any 12 months.
• The payment must be at least what they would’ve been paid if they had taken the leave.

For the complete annual leave rules (including eligibility and other details), refer to the Award directly.

Other NES leave

The NES also provides other types of leave that apply to most employees, including those under the Legal Services Award:

• Personal/carer’s leave: 10 days of paid leave for full-time employees who need time off due to illness (part-timers get pro-rata and casuals can take unpaid carer’s leave).
• Compassionate leave: Usually 2 days per occasion for dealing with family tragedies (paid for permanent staff; unpaid for casuals).
• Parental leave: Up to 12 months unpaid leave, with the right for employees to request another 12 months (for eligible employees).
• Community service leave: Unpaid leave for things like emergency services duties. Permanent employees are entitled to make-up pay for the first 10 days of jury duty.
• Family and domestic violence leave: 10 days of paid leave entitlement for all employees (including casuals) who must deal with domestic violence situations, with extra confidentiality rules around records and payslips.

Check the NES and Award together when calculating leave so employees receive the full entitlements they’re owed.

How To Determine the Right Legal Services Award Classification Level

To work out the right Legal Services Award 2020 classification level:

1) First, identify the type of role

This Award groups roles into a few main types:

• Legal clerical and administrative employees (Levels 1–5)
• Law graduates (Level 5)
• Law clerks (Level 6)

2) Look at what the employee actually does day to day 

Match the employee’s regular, day-to-day duties to the classifications in Schedule A. Focus on what they do most weeks, not occasional one-off tasks. 

3) Check supervision & independence 

Schedule A levels are partly separated by:

• How much supervision/checking they work under, and
• How much autonomy, judgement, and coordination the role needs.

For example, Level 2 is described as routine supervision with intermittent checking, and tasks with limited complexity and established routines. On the other hand, Level 3 moves to limited supervision, broader guidance, more autonomy in teams, and more complexity, plus judgement. 

4) Factor in the skill/knowledge level the role uses 

Schedule A includes “core skills” (and at higher levels, it starts to include more legal knowledge and legal procedures as part of the role expectations).

If your employee is engaged in legal practice support work (e.g., work supporting solicitors/barristers), this Award may apply. If the role is primarily general administration in a non-legal business, a different award (such as the Clerks Award [insert link]) may be more appropriate.

Legal Services Award: A practical, real-world example

Let’s take Emma, a full-time senior legal administrative employee at a mid-sized law firm.

Emma works in a legal practice, supporting the delivery of legal services.

Her role includes:

• Managing the firm’s records and filing systems, including secure handling of confidential documents.
• Coordinating partner and solicitor diaries, bookings, and meeting logistics.
• Preparing complex documents and correspondence, and keeping key admin deadlines on track.
• Guiding junior admin staff, including allocating tasks and showing them the firm’s processes.

Because her work falls within a legal services workplace and aligns with the Award’s legal support classifications, she’s covered by the Legal Services Award, rather than the Clerks Award (which covers more general office/admin work outside the legal services industry).

Based on her duties and higher level of responsibility, Emma is best classified as a Level 4 legal clerical and administrative employee (independent work, coordination responsibilities, and supervising/guiding others).

As a full-time Level 4 employee, her pay must be at least the Level 4 minimum weekly rate of $1,185.10 per week (or $31.19 per hour).

Emma mostly works day work, not shiftwork. She is rostered Monday to Friday within the usual day span, 7:00 am to 6:30 pm, averaging 38 hours per week (and not more than 152 hours across 28 days).

If she is asked to stay back after her ordinary hours, those extra hours become overtime. So, on a weekday, overtime is 150% for the first 3 hours and then 200% after that.

Using Emma’s Level 4 base rate of $31.19/hour, that works out to:

• $46.79/hour for the first 3 overtime hours (150%), and
• $62.38/hour after that (200%).

If Emma ever worked as a shiftworker (e.g., rotating afternoon or night shifts), shift penalty rates could apply to her ordinary hours on those shifts instead.

Employer Obligations and Common Mistakes

Under this Modern Award, you’ll generally need to:

• Pay the right minimum rates for the correct classification level (including casual loading where relevant).
• Apply extra rates correctly (overtime, shift penalties where applicable, annual leave loading).
• Roster and record hours properly, so you can show what was ordinary time vs. overtime/shiftwork.
• Pay allowances when they apply (e.g., meal/vehicle/uniform, depending on the situation).
• Handle leave correctly, including annual leave rules, loading, and written agreements where needed (like annual leave in advance or cashing out).

Common mistakes to avoid:

• Misclassifying employees (e.g., Level 4–6 duties paid at a lower level).
• Mixing up shift penalties vs. overtime, or double-counting them.
• Forgetting minimum engagements (part-time 3 hours; casual 4 hours).
• Using outdated pay rates after annual updates.

To stay compliant, it’s essential to keep clear time and pay records, issue payslips that show base pay and extras separately (like overtime/allowances), and keep written agreements on file where the Award requires them.

For tools and templates, you can use the Fair Work Ombudsman’s free record-keeping and payroll guides.

Resources and Links

For further reading and official resources, visit:

• Legal Services Award 2020 [MA000116]: The official Fair Work Commission Award.
• Fair Work Information Statement (FWIS): A summary of employee rights and employer responsibilities under the NES.
• Annual Leave Cash-Out Agreement (Fair Work Commission): A template employers can use when arranging a lawful leave cash-out agreement with an employee.
• Connecteam: Australia Labour Laws Guide: Practical resource to help you understand key workplace laws and compliance requirements.

Disclaimer

The information provided here is a summary only and does not constitute legal advice. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Laws change frequently, and outcomes may vary depending on your business circumstances. We recommend consulting a qualified employment lawyer before making decisions related to workforce management. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.