Are you working in Australia on a temporary or other type of visa? Whether you are here on a student visa, a working holiday visa, or sponsored by an employer, it is essential to understand your workplace rights and what to do if you are being taken advantage of at work.
The Department of Home Affairs, as part of its response to the 2023 Nixon Review into the exploitation of Australia’s visa system, has published a new resource called the Workplace Rights Guide Australia. This guide is a valuable tool for anyone working in Australia while holding a visa.
At Heenan and Browne Visa and Migration Services, we are committed to protecting and empowering our clients. As registered migration agents, we recommend that all visa holders read this guide and stay informed about their rights in the workplace.
What Is the Workplace Rights Guide Australia?
The Workplace Rights Guide Australia provides essential information about:
Your rights at work, regardless of your visa status
How to identify unfair or illegal treatment by your employer
Where to go for help if you are being underpaid, mistreated, or intimidated
How to report workplace problems safely, even if you are worried about your visa
This guide has been developed in collaboration with other government departments and is available on the Department of Home Affairs website. Translations and accessible versions will also be made available.
Basic Workplace Rights for All Workers in Australia
Everyone working in Australia has the same basic rights under Australian law, no matter what visa they hold. These rights include:
Minimum rates of pay
Safe and fair working conditions
Protection from discrimination and unfair dismissal
Access to superannuation contributions, where eligible
Paid leave entitlements in certain employment arrangements
Your visa, your contract, or your employer cannot take these rights away from you.
Importantly, only the Department of Home Affairs has the power to cancel your visa. Employers cannot cancel your visa under any circumstances—even if you have made a mistake or breached a visa condition.
Warning Signs of Workplace Exploitation
Some common signs that you may be experiencing exploitation at work include:
Your employer keeps your passport or other personal documents
You are paid in cash without payslips or are paid below minimum wage
You are working long hours with no breaks
You are being threatened, harassed, or told not to complain because of your visa
These are serious issues and should not be ignored. If this sounds familiar, help is available.
Steps to Protect Yourself
Here are some things you can do right now to protect yourself:
Keep your identification and visa documents safe at all times
Know your visa work conditions (such as how many hours you are allowed to work)
Use the free Pay Calculator tool provided by the Fair Work Ombudsman to check your pay
Use the Record My Hours app to keep track of the hours you have worked
Check the Department’s list of prohibited employers—these are businesses banned from hiring new visa holders due to past exploitation
New Legal Protections for Visa Holders
Many workers are afraid to report exploitation because they fear it will affect their visa. The Australian Government has introduced new laws to protect temporary visa holders who come forward to report workplace exploitation.
If you have been exploited and this led you to breach your visa conditions (such as working more hours than allowed), you may still be protected under these new laws. You could be eligible to stay in Australia on a Workplace Justice visa while you resolve your situation.
To qualify, you must:
Have been exploited at work
Be supported by an agency or legal organisation helping you resolve the matter
Promise to follow your visa conditions going forward
Have no other serious issues, such as criminal conduct
These protections are designed to help you come forward without fear of visa cancellation.
We Are Here to Help – Book a Consultation
At Heenan and Browne Visa and Migration Services, we can help you understand your rights and navigate the visa system when it comes to dealing with work-related visa matters. If you are unsure about your current visa, your work rights, or if you think you are being treated unfairly at work, we encourage you to contact us.
Book a consultation online. Our friendly and experienced team is ready to support you.
Let us help you stay safe, stay informed, and stay protected in Australia.
