Guide on Workplace Rights for Skilled Workers
The Australian Government has published the Workplace Rights Guide. This comprehensive guide outlines the rights and protections provided to all workers in Australia, including visa holders. Its purpose is to ensure that every worker, regardless of visa status, has a clear understanding of their rights under Australian workplace legislation.
What Are the Takeaways from the Workplace Rights Guide?
Australian Visa holders are entitled to the same rights and protections as Australian citizens. This includes access to fair pay, protection against unfair dismissal, and protection against discrimination, ensuring that all workers receive equity and fairness in their workplaces.
Workers facing exploitation or unfair treatment should seek help from the Fair Work Ombudsman (FWO), which enforces workplace laws, legal aid, or unions.
The Australian Government introduced laws that help to protect visa holders who are experiencing workplace exploitation; these new protections are part of the Strengthening Reporting Protections Pilot.
What are the Types of Workplace Exploitation?
Identify the common signs of workplace exploitation, which include the following but are not limited to:
Wage underpayment
Forced labour
Unsafe work conditions
Not receiving workplace entitlements
Having your passport taken and held by someone else
Pressure to work beyond your specified visa conditions
Pressure to make an up-front payment or ‘deposit’ for a job
What Can I Do If I Identify Signs of Workplace Exploitation?
Visa holders and employers who sponsor skilled workers must understand their work visa conditions, which can impact their workplace rights and the employer’s obligations. If you are experiencing any signs of workplace exploitation and are worried about your visa getting cancelled, there may be other visa options, such as the Workplace Justice Visa (Subclass 408). This visa aims to assist individuals seeking to take legal action if they face workplace exploitation.
How Can Agape Henry Crux Help
If you are experiencing workplace exploitation and want to take action against your employer, speak with one of our immigration lawyers at Agape Henry Crux before taking any action. Our team of immigration lawyers and migration agents works together with our Accredited Specialist Immigration Lawyers, who specialise in handling highly complex matters. You can book a consultation 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 and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
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.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
