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Workers rights and restrictions

All workers in Australia have the same rights and protections at work, regardless of citizenship or visa status.

Your employer must comply with Australian workplace and immigration laws, including their obligation to:

  • pay you the right pay rate for all time worked
  • provide a safe workplace.

These rights can't be taken away by contracts or agreements. Pay rates and workplace conditions are set by Australian law.

If you hold a temporary visa with work rights and have not complied with your visa conditions due to workplace exploitation, we will generally not cancel your visa, detain or remove you from Australia if you have:

  • sought advice or assistance from the Fair Work Ombudsman and you are assisting them with their inquiries
  • not complied with the work-related conditions only and there is no other basis for visa cancellation
  • committed to abiding by visa conditions in the future.

We work with the Fair Work Ombudsman to support and encourage foreign nationals to come forward with any evidence or information about exploitation.