Criminal Lawyer Salary: Minimum Pay and Award Rates in Australia

Understanding the criminal lawyer salary floor

When researching a criminal lawyer salary, the first step is to separate the legal minimum from what employers actually pay. In Australia, criminal lawyers are usually solicitors or barristers who have completed a law degree and admission. Unlike legal clerical staff or law graduates, they are not covered by the Legal Services Award 2020 . This means their minimum pay is set by the national minimum wage, unless an enterprise agreement or individual contract specifies a higher amount.

The national minimum wage as a backstop

For award-free employees, the Fair Work Commission sets the national minimum wage. From the first full pay period on or after 1 July 2026, the adult rate is $26.44 per hour or $1,004.90 per week for 38 ordinary hours. A casual criminal lawyer would receive $33.05 per hour, which includes a 25% loading instead of paid leave. These figures are the absolute floor – no employer can pay less for ordinary hours, unless the employee is a junior, apprentice, or supported wage earner.

Award rates for comparison

While criminal lawyers themselves are not under the Legal Services Award, the award does provide useful benchmarks for entry-level legal roles. For example, a Level 5 law graduate (full-time) earns $1,291.80 per week or $33.99 per hour, and a Level 6 law clerk earns $1,369.20 per week or $36.03 per hour . These rates are higher than the national minimum and reflect the specialised nature of legal work. A criminal lawyer with a practising certificate would typically command a salary above these award rates, but the exact figure depends on experience, location, and employer.

How superannuation fits in

All salaries discussed here are base rates. Employers must also pay superannuation guarantee contributions of 12% on top of ordinary time earnings. So if a criminal lawyer earns $80,000 per year base, the employer pays an additional $9,600 into super. When comparing job offers, always check whether the advertised figure is inclusive or exclusive of super.

What the ABS says about average earnings

The Australian Bureau of Statistics (ABS) reports that in May 2026, full-time adult average weekly ordinary-time earnings were $2,083.70, and all employees averaged $1,579.20 per week. These figures include all occupations, not just lawyers. For criminal lawyers specifically, no official median is published, but industry surveys suggest that early-career criminal solicitors earn between $70,000 and $90,000 per year, while senior practitioners can exceed $150,000. Without a precise survey, it is best to treat these as indicative ranges.

Practical check: comparing an hourly rate

If you are a criminal lawyer or employer wanting to check compliance, start with the national minimum wage. Divide the weekly salary by 38 to get the hourly rate. If the result is below $26.44, the pay is unlawful unless a junior or supported wage applies. For most criminal lawyers, the rate will be well above this floor. If you are covered by an enterprise agreement, that agreement may set a higher minimum. Always check the agreement or contact the Fair Work Ombudsman for enforcement guidance.

When an award or agreement can set a higher rate

Even though criminal lawyers are award-free, some may be covered by a specific enterprise agreement negotiated between their employer and a union. These agreements can set higher minimum rates, penalty rates, or allowances. If no agreement exists, the national minimum wage is the only statutory floor. However, many criminal law firms pay above the minimum to attract and retain talent.

Internal resources

For more detail on which pay floor applies to your situation, see Which minimum wage applies and Rate tables. These guides explain how to determine if you are award-free or covered by a modern award.

Important caveats

This information is a general guide only. The national minimum wage applies to national-system employees. Some state public sector and local government employees, and some Western Australian sole traders, may be covered by state awards. Juniors, apprentices, and trainees have different rates. The adult national minimum of $26.44 per hour is for employees 21 and over; younger workers receive a percentage of that rate. Always verify your specific circumstances with the Fair Work Ombudsman or a legal advisor.

Summary

A criminal lawyer salary has no specific award rate. The legal minimum is the national minimum wage of $26.44 per hour, but actual earnings are typically much higher. Use the award rates for law graduates and clerks as a reference for entry-level legal pay. Always factor in superannuation as an employer cost on top of the base salary.

For the published floors, see the rate tables and how the figures work.