Core workplace rights under Australian law
Australian law provides minimum pay rates, leave entitlements, protections from unfair dismissal and rules for safe workplaces. These apply regardless of nationality or visa status, with only limited exceptions. Employers must follow awards, enterprise agreements and the National Employment Standards.
Common issues affecting migrant workers
Migrant workers are vulnerable to underpayment, unpaid overtime, cash‑in‑hand arrangements below award rates, sham contracting and bullying or harassment. In some cases, employers threaten to “cancel visas” to stop complaints — but only the Department of Home Affairs can cancel visas, not employers.
Getting help for workplace problems
Workers can contact the Fair Work Ombudsman, unions, community legal centres or specialist employment and immigration lawyers. Keeping copies of contracts, rosters, messages and payslips is crucial evidence for any complaint or legal claim.
Frequently Asked Questions — Workplace Rights — Fair Work, Underpayment & Migrant Worker Help
Do temporary visa holders have workplace rights?
Yes. Most temporary visa holders are covered by Australian workplace laws in the same way as citizens and permanent residents.
What if my employer threatens my visa status?
Threats of this kind may indicate serious exploitation. You should seek confidential legal advice as soon as possible.
Can workplace issues affect my future visas?
Usually they do not, but if there are questions about work conditions or breaches of visa limits, immigration advice may also be required.