From 1 July 2024, new laws have been introduced to provide even more protection for migrant workers in Australia. These laws will enable international students to report workplace exploitation without risking their visa.
This blog post will explain the recent changes that provide even more protection for migrant workers. It will also give you advice about who to contact if you need more information or support.
Work rights for international students
As an international student in Australia, you are allowed to work up to a maximum of 48 hours per fortnight (every 2 weeks). You can work unlimited hours during your academic holidays.
Migrant workers, including international students, have the same rights in the Australian workplace as every other worker.
Recent legal changes to protect international students
The Australian Government has introduced new laws to better protect international students in the workforce.
You are legally protected if you report workplace exploitation or unfair treatment. Your visa will not be cancelled if you come forward with genuine complaints about your working conditions.
Here’s what you need to know:
- You can contact the Fair Work Ombudsmen (FWO) if you have any issues at work. The FWO will investigate the issue without putting your visa status at risk.
- Employers who exploit international students or pressure them to work beyond their visa conditions will face severe penalties.
What to do if you have issues at work
If you are being treated unfairly, underpaid or threatened at work, it is important to remember:
- Document everything and keep a record of your hours worked, your pay slips and any communications with your employer.
- Contact the FWO. They offer free advice and can help you understand your rights. You can even make an anonymous complaint if it makes you feel more comfortable.
Frequently asked questions (FAQs)
What if my employer is threatening to tell the Government I worked over the legal hours or past my visa expiry?
Your employer cannot threaten you as a form of manipulation. If they do, report it to the FWO. You will be protected by the law .
What if I no longer work at a job where I wasn’t paid properly?
If you have left a job where you were not paid correctly, you can still claim unpaid wages. The FWO focuses on ensuring that you are paid correctly.
What if my employer didn't pay me superannuation?
Superannuation is a compulsory system of placing a minimum percentage of your earnings into a super fund for your retirement. You can claim this money when you leave Australia. If your employer hasn't paid your superannuation, you can report this to the Australian Taxation Office (ATO). The ATO can investigate and recover the unpaid superannuation for you.
How do I know if I'm being paid correctly?
You can use the Pay and Conditions Tool (PACT) to calculate your entitled pay rate.
What should I do if my employer asks me to work more than my allowed hours?
If your employer asks you to work more than the permitted hours, remind them of your visa conditions. If they insist, you can report this to the FWO.
We need your help!
A new survey is being conducted by the Migrant Justice Institute. By sharing your experiences, you can help to improve working conditions for all international students.
Learn more about the survey here.
