Whatever your visa, if you have legal work rights in Australia you have the same workplace rights as Australian citizens. This page is a plain-English summary — for the full picture see the Fair Work Ombudsman.
This is general information, not legal or migration advice. Speak to a registered migration agent for advice about your specific situation.
Your minimum entitlements
- Minimum wage. The national minimum is set by the Fair Work Commission and is reviewed annually. Award rates can be higher.
- Penalty rates and overtime apply when your award says they do — including weekends, public holidays, and shifts longer than the standard hours.
- Superannuation. Your employer must pay super on top of your wages if you earn the relevant threshold in a month.
- Paid leave. Full-time and part-time employees get paid annual and sick leave, pro-rata.
- Safe workplace. Your employer must provide a workplace that’s safe and free from harassment.
Pay
Cash-only “under-the-table” arrangements are illegal and put both you and the employer at risk. You are entitled to:
- A written employment agreement.
- Payslips showing hours, rate, super, and tax.
- Tax withheld via PAYG and super paid into your nominated fund.
If something goes wrong
Reporting a workplace issue cannot affect your visa. The Fair Work Ombudsman has the Assurance Protocol with the Department of Home Affairs to protect visa holders who report exploitation.
Help is free and confidential:
- Fair Work Ombudsman: fairwork.gov.au · 13 13 94
- Translating and Interpreting Service (free): 131 450
- State-based Working Women’s Centres for casual or one-off advice.
Visa-specific notes
- Student visas (subclass 500): work hours are capped per fortnight during course time. Check your visa conditions in VEVO.
- Working holiday visas (subclass 417/462): usually 6 months per employer, with extensions for specified work in regional Australia.
- Bridging visas: work rights vary — always check your grant letter or VEVO.
- 482 / 186 / 494 sponsored visas: tied to your sponsor and nominated occupation; talk to a registered migration agent before changing employers.
Your rights when looking for work
- An employer cannot ask you to pay for sponsorship or for the right to be employed.
- Job ads can be visa-friendly without being discriminatory — they should describe the work, not exclude visa holders unfairly.
- You don’t have to disclose more than your work-rights status; “I have full Australian work rights until [date]” is enough for most roles.
If you’re being exploited
Sham contracting, withheld wages, passport confiscation, or threats about your visa are all serious offences. Document what’s happening (dates, amounts, messages), and contact the Fair Work Ombudsman or a community legal centre. You won’t lose your visa for reporting.