Workplace Rights and Entitlements - TSS SC482 Visa Holders
As a visa holder working in Australia, you have specific rights and entitlements designed to protect you in the workplace. This article outlines your rights under the Migration Act 1958 and the Fair Work Act and what to do if those rights are not being met.
What are the rights that I am entitled to?
The Fair Work Ombudsman (FWO) and the Department of Home Affairs collaborate to help you understand your legal rights as a worker in Australia. Your employer must comply with both Australian workplace laws and immigration laws.
Your Rights Under the Migration Act
Under the Migration Act, you are entitled to the same protections and entitlements as other employees in Australia. Your employer is required to:
Provide Equivalent Pay: Your pay must be equivalent to that of an Australian employee in the same occupation.
Limit Duties to Approved Occupation: You should only be required to perform tasks related to your approved occupation.
Cover Travel Costs: If you or your family need to leave Australia, your employer must pay reasonable and necessary travel costs if requested.
Prohibit Recruitment Costs: You should not be required to pay for recruitment or any costs associated with becoming an approved sponsor, including migration agent fees.
Work Authorization: You must not work for any other employers without proper authorization.
Verified Payments: Your employer must pay you in a manner that can be independently verified, such as through electronic funds transfer.
Your Rights Under the Fair Work Act
The Fair Work Act ensures that all workers in Australia are entitled to basic rights and protections through the Migration Amendment (Strengthening Employer Compliance) Act 2024 - National Employment Standards (NES).
The NES provides minimum conditions of employment that cannot be reduced, including:
Maximum Weekly Hours: A standard working week is capped at 38 hours for full-time employees, plus reasonable additional hours.
Flexible Working Arrangements: Certain employees can request flexible work arrangements.
Parental Leave: Up to 12 months of unpaid parental leave, with a right to request an additional 12 months.
Paid Leave: Four weeks of paid annual leave, 10 days of paid sick leave, and additional leave for family and domestic violence.
Public Holidays: A paid day off for public holidays unless required to work.
Superannuation Contributions: Employers must contribute to your superannuation fund.
What are the General Protections for Visa Holders?
You have the right to:
Be free from unlawful discrimination.
Engage in industrial activities, such as joining a union.
Speak about your pay without fear of repercussions.
What to Do If Your Workplace Rights Are Not Being Met?
If you believe your employer is not fulfilling their obligations or if your workplace rights are being violated, you can take the following steps:
Contact the Fair Work Ombudsman (FWO): The FWO can assist you in understanding your rights and addressing any issues. Their services are free, and you will not face repercussions for seeking help.
Reach Out to the Department of Home Affairs (DoHA): The DoHA can provide information on your visa rights and options for changing your sponsor or applying for permanent residency.
How Can Agape Henry Crux Help
If you have any queries about how your visa might be affected and are unsure of what steps to take, contact our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux, who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.