Know Your Rights at Work

Yes. Australia's workplace laws apply to all workers regardless of visa status, nationality, or immigration status. The National Employment Standards (NES), minimum wage, Modern Awards, and workplace safety laws all protect you as a temporary visa holder. Your employer cannot pay you less, deny you entitlements, or treat you unfairly because of your visa status. If you are being exploited, you have the right to report it and are protected from visa cancellation solely for making a genuine workplace complaint.

First, check your applicable Modern Award or enterprise agreement using the Fair Work Ombudsman's Pay and Conditions Tool at fairwork.gov.au to confirm what you should be paid. If you are being underpaid, you can lodge a complaint with the Fair Work Ombudsman (FWO) online or by calling 13 13 94. The FWO investigates underpayment complaints and can recover unpaid wages on your behalf. Keep records of your hours worked and pay slips as evidence. There is no cost to you to lodge a complaint.

Modern Awards are legal documents set by the Fair Work Commission that establish minimum pay rates, penalty rates, overtime, and conditions for employees in specific industries and occupations. There are over 120 Modern Awards in Australia. If your employment contract does not specify a higher rate, your employer must pay you at least the award rate for your classification. Most employees in the private sector are covered by either a Modern Award or an enterprise agreement. Use the Fair Work Ombudsman's tool at fairwork.gov.au to identify your award.

No. Under Australia's Assurance Protocol (introduced in 2023), visa holders who make genuine workplace complaints to the Fair Work Ombudsman are protected from visa cancellation solely because they made a complaint. This protection applies even if you have breached your visa conditions in relation to the exploitation you are reporting. The Department of Home Affairs and the Fair Work Ombudsman work together to ensure migrant workers can come forward safely without fear of immigration consequences.

Full-time employees in Australia are entitled to 4 weeks of paid annual leave per year under the National Employment Standards. Part-time employees receive the same entitlement on a pro-rata basis. Annual leave accumulates progressively throughout the year and cannot be forfeited. You have the right to take leave at a reasonable time after giving appropriate notice to your employer. Leave loading of 17.5% is also payable under many Modern Awards when you take annual leave.

Yes. Full-time employees are entitled to 10 days of paid personal/carer's leave per year under the National Employment Standards. This covers time off for your own illness or injury, or for caring for an ill family member. Part-time employees receive a pro-rata entitlement. Casual employees are entitled to 2 days of unpaid carer's leave per occasion. Unused personal leave accumulates year to year. Your employer may require a medical certificate for absences longer than 2 consecutive days, but cannot require one for every single day.