March 30 2025:
Visa holders have the same work rights as Australians

Workers in Australia do not need to be Australian citizens or permanent residents to be covered by Australian workplace laws. Visa holders are entitled to the same basic workplace rights and protections as all other workers in the country. These entitlements cannot be waived or altered by contracts or agreements.

Migrant workers in Australia are equally protected under the Fair Work Act, which ensures rights related to:

– Pay and wages

– Leave and other benefits

– Protection from discrimination

– Notice of termination and final pay

It’s crucial to be aware of any conditions attached to your visa, as these may affect the type of work you’re permitted to do. Some visas impose restrictions on the number of hours you can work (such as for international students) or specify the type of work you can engage in (for example, seasonal workers).

To verify your visa details and conditions, you can use the Visa Entitlement Verification Online (VEVO) service.

Employers cannot cancel your visa, even if you breach its conditions. Only the Department of Home Affairs has the authority to grant, refuse, or cancel visas.

To further support visa workers facing workplace exploitation, the Australian Government has two programs to enhance protections:

– Strengthening Reporting Protections Pilot

– Workplace Justice Visa

These initiatives ensure visa workers can seek assistance without fear of having their visa cancelled.

To learn more about your workplace rights, you can:

– Read the fact sheet

– Visit FairWork.gov.au

– Explore the Visa Protections Pilot Programs

Contact us for work visa assistance