Australian visa holders working rights

17 June 2016 by News Desk   |   SHARE  

Workplace rights cannot be removed by employment contracts or individual agreements, whatever Australian visa you may hold.

Australian visa holders should know that pay rates and workplace conditions are set by Australian law. These laws cover pay rates, shift calculations and holiday arrangements as well as final notice and redundancy entitlements.

If you are in any doubt, or seek detailed response to individual circumstances, the Fair Work Ombudsman can provide information and advice about workplace rights and obligations with information available in different languages.

Darrell Todd, founder of thinkingaustralia, says: “The employer-sponsored visa is one of the main routes to living and working in Australia. There are generally few problems between employers and sponsored workers but if problems do arise then it’s important that Australian visa holders know what their workplace rights are.”

Australian visa work rights and protections

Your employer cannot cancel your visa. Only the Department of Immigration and Border Protection can grant, refuse or cancel visas.

A visa is not automatically cancelled when a visa holder has breached their visa conditions. If you face having your visa cancelled you are able to appeal and provide reasons why your visa should not be withdrawn.

It helps to keep records when you start working in Australia. Visa-holders are advised to keep a diary of days and hours worked and to keep copies or records of employment details, pay slips, agreements and superannuation and tax documents.

Subclass 457 visa holders

If you are a sponsored visa holder on a Temporary Work (subclass 457) visa, your employer has obligations under migration law, in addition to the protections all workers have under workplace law. Your employer sponsor:

• Must provide you with equivalent terms and conditions of employment to those provided or would be provided to an Australian performing equivalent work in the same location
• Must ensure you work only in the occupation, program or activity for which you were nominated
• Cannot recover, transfer or charge certain costs to you or another person (for example, recruitment costs, sponsorship/nomination fees, migration agent costs)
• If requested in writing, must pay reasonable and necessary travel costs to allow you and your family members to leave Australia;
• Must tell the Department in writing when certain events occur (for example, changes to your sponsor’s address/contact details, if your employment with the sponsor ends, if your duties change)
• Must keep records that show they are complying with their sponsorship obligations and provide those records and information to the Department if requested.

Want to live and work Down Under? Click here for expert help: Skilled Migration to Australia

Want to get a job Down Under? Click here for expert help: How to get a job in Australia

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