Visa holders and migrant workers - Fair Work Ombudsman

Visa holders and migrant workers (Fair Work Ombudsman)

Migrant workers and visa holders, including international students, have the same workplace rights and protections as all other workers in Australia. The Fair Work Ombudsman gives free advice and assistance to all workers, and an employer cannot cancel your visa.

Your visa may limit the kind of work you can do, or how many hours you can work: international students for example are limited to 48 hours a fortnight while their course is in session, and seasonal workers are limited to certain work. Use VEVO (Visa Entitlement Verification Online) to check your current visa details and conditions, or contact the Department of Home Affairs for visa questions.

Visa protections: only the Department of Home Affairs can grant, refuse or cancel a visa. If you hold a temporary visa with work rights and have not complied with work-related conditions because of workplace exploitation, the department will generally not cancel your visa, detain or remove you if you have sought advice or assistance from the Fair Work Ombudsman and are assisting with inquiries, the work-related conditions are the only ones breached, and you commit to abiding by visa conditions in future.

Paying for visa sponsorship is illegal: nobody may ask for, receive, offer or provide a benefit in return for visa sponsorship, or for employment that requires visa sponsorship. A cashback scheme, or an unreasonable requirement to pay money, can be the same thing. Report it to the Department of Home Affairs, and contact the Fair Work Ombudsman about deductions or cashback schemes.

Pay and conditions: there are minimum pay rates based on the work you do - visa workers are entitled to the same minimum rates as any other employee doing the same job in the workplace. Use the Fair Work Pay Calculator for minimum rates. A payslip must be given each time an employee is paid. Employees also have minimum conditions from an award, an agreement, or the National Employment Standards.

Tax and super: the minimum wage is gross pay, before tax is taken out. Give your employer your Tax File Number (TFN) so they do not have to take the highest rate of tax from your pay. The ATO covers tax and superannuation, including super for temporary residents who leave Australia.

Help: you cannot get into trouble, or have your visa cancelled, for contacting the Fair Work Ombudsman about your pay or entitlements. Reports can be made anonymously, and in your own language. For an interpreter, the Translating and Interpreting Service is 131 450. Fair Work Infoline: 13 13 94.