Workers’ Rights & Visa Protections

Under Australian workplace laws, workers have the same basic workplace rights and protections, regardless of citizenship or their visa situation. Contracts or agreements cannot take away your rights. The Fair Work Ombudsman (FWO) is an independent statutory agency that monitors, investigates and enforces compliance with Australia’s workplace laws.

Employers do not have the power to cancel a visa or change a visa or visa conditions. Only the Department of Home Affairs (DOHA) can grant or cancel a visa.

The current laws make it a criminal offence to coerce, unduly influence or pressure:

• Temporary visa holder to break a visa-related work condition
• Non-citizen without a valid visa to accept a work-related arrangement
• Temporary visa holder to accept or agree to an arrangement relating to work

Reporting Protections

The current laws will protect you when you report workplace exploitation where:

• You have breached a work-related visa condition (not including the ‘no work’ condition) and the breach is connected to you being exploited
• A participating government agency or an accredited third party has certified the exploitation and is helping you to resolve the matter
• You promise to follow visa conditions in the future
• There are no other reasons to cancel your visa (such as fraud, character or security)

You can find more details about Strengthening Reporting Protections where workers are protected from exploitations.

Prohibited Employers

You can find out Prohibited Employers who have seriously, deliberately or repeatedly broken the law.

Workplace Exploitation

You can know about Workplace Exploitation where workplace exploitation has occurred.

Work Restrictions

You must read Work Restrictions to comply with your visa conditions. You must not breach work conditions as it will trigger visa cancellation.

Work Scams

It is important to know about Work Scams to protect yourself.

Visa Entitlement Verification Online system (VEVO)

Please makes sure to check VEVO for you latest visa details.

Information for Migrant Workers

You can find more about Information for Migrant Workers information.