People planning to work in Australia, including on temporary visas, are entitled to the same basic workplace rights as Australian citizens. These rights are protected under national laws to prevent exploitation, and workers can report unfair treatment without risking visa cancellation.
As stated by the Department of Home Affairs and the Fair Work Ombudsman (FWO), which is the national agency responsible for ensuring compliance with Australian workplace laws, under Australian law, every worker has the same legal protections, regardless of their visa status.
These include the right to:
Receive minimum wages and conditions. As of July 1st, 2025, Australia’s National Minimum Wage stands at $24.95 per hour or A$948.00 per week
- Work in a safe and fair environment
- Be protected from unfair dismissal or discrimination
Employers cannot override these rights with a contract or agreement. According to the FWO, “All employees working in Australia are entitled to basic protections under the Fair Work Act.”
- Recognising workplace exploitation
- Workplace exploitation can happen in many forms. It may include:
- Being paid below the legal minimum wage
- Working in unsafe conditions
- Having a passport withheld
- Being threatened over visa status
Details inform that it is unlawful for employers to keep a worker’s passport or personal documents. If this occurs, the employer may be in breach of the law.
Practical steps to stay protected at work
Temporary visa holders are encouraged to take several steps to protect themselves while working in Australia. These include:
- Keeping personal documents safe: Workers should retain control of their passports and travel documents.
- Knowing visa work conditions: These include limits on work hours or restrictions on who a person can work for.
- Using official tools: The FWO provides a Pay Calculator and the Record My Hours app to help workers understand their entitlements and track their work hours.
- Staying connected with their embassy or consulate: This can be a source of assistance if problems arise.
Reporting exploitation and where to get help
Workers are also encouraged to report exploitation as early as possible, and support is available from the Fair Work Ombudsman, unions, legal centres, and immigration lawyers. Reports can be made anonymously to either the FWO or Border Watch.
Importantly, only the Department of Home Affairs has the authority to cancel a visa. Employers do not have the power to cancel visas under any circumstances.
Visa protections for exploited workers
The department informs that the Australian Government has laws to protect visa holders who report exploitation. These protections apply if:
- The visa breach is directly connected to the exploitation
- A government agency or approved organisation verifies and supports the worker’s case
- The worker agrees to comply with visa conditions moving forward
- There are no other serious concerns, such as fraud or national security
- In some situations, workers may be eligible to apply for a Workplace Justice visa, which allows them to stay in Australia while they resolve their workplace issues.
For more information about rights and protections at work, foreign workers can visit www.fairwork.gov.au or the Department of Home Affairs website.
