There are laws to help protect temporary migrant workers from workplace exploitation.
Workers are protected by national workplace laws, regardless of their immigration status. This includes people who have a visa with work rights, an expired visa and those who are working in breach of their visa conditions.
Protect yourself from workplace exploitation
Keep the following things in mind to protect yourself from workplace exploitation, and stay informed.
Keep your documents safe
Make sure you keep your passport and other travel documents safe. Your employer can check your passport, but it is illegal for them to take your passport from you without your consent.
Understand and comply with your visa conditions
Your visa may list who you can work for or set a maximum number of hours you can work in a specified period. Check your visa details and conditions.
Check the Fair Work Ombudsman (FWO) website
The FWO website has helpful tools and resources, including a pay calculator that will help you check your pay and wages.
You can access these tools at
Fair Work.
You can also quickly and easily store your work hours using their free Record my Hours app.
Look out for prohibited employers
There are some employers who have exploited migrant workers and are not allowed to hire more temporary visa holders for a period of time. This is called a prohibition. You can find a list of these employers on the prohibited employer register.
Report workplace exploitation early
Reporting workplace exploitation early means you can get the support you need as soon as possible.
If you are working in Australia and you are being exploited at work, ask for help from:
- the FWO
- a union
- a community legal centre
- a lawyer.
Remember, employers cannot cancel your visa, even if you have breached your visa conditions. Only the Department of Home Affairs, including the Australian Border Force (ABF) make decisions about your visa status.
Anyone can report exploitation anonymously to the FWO or Border Watch.
Learn more about workplace rights for visa holders and migrants.
New laws to target dishonest employers
As of 1 July 2024, new laws were introduced to protect migrants from workplace exploitation by introducing tough penalties for serious and deliberate exploitation of temporary migrant workers.
The new laws apply to both direct employers, and others in the employment chain, like labour hire companies. The rules aim to deter dishonest employers from using a person’s temporary visa, or their unlawful immigration status, to exploit them in the workplace.
These measures cover both work and non-work related matters that might arise in the workplace. This could include situations such as a worker being pressured to surrender their passport, accept inadequate housing, perform sexual favours or breach visa work restrictions.
You can find out more about the types of employer behaviour that are against the law by reading these Case studies.
Strengthening Reporting Protections
If you have been exploited in the workplace you should seek help. National workplace laws protect workers regardless of their immigration status.
From 1 July 2024, the Australian Government introduced new laws to strengthen reporting protections to give temporary visa holders confidence to report exploitation early and resolve their workplace issues. These new laws recognise some temporary visa holders are fearful they will have their visa cancelled if they report exploitation or support an investigation into their employer.
The new laws strengthen reporting protections 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).
For more information, visit Strengthening Reporting Protections Pilot.
If you are or have been exploited at work, and you need to extend your stay to resolve the issue, you may be able to extend your stay on a Workplace Justice visa.
Migrant workers rights and entitlements
Read more about visa holders and migrant workers’ workplace rights and entitlements.
Employers prevented from employing temporary migrants
From 1 July 2024, employers found to have seriously, repeatedly or deliberately exploited migrant workers may be prohibited from employing more temporary migrant workers for a period of time. You will be able to find a list of prohibited employers at Employer Prohibition.
Working for a prohibited employer
There is no penalty for migrant workers. If you were an existing employee on the prohibition declaration date, it is your decision whether or not to continue working for your employer. See
Prohibited Employers Register.
