Your Questions, Answered

Free, confidential advice on workplace rights for migrant workers and international students in the ACT. This includes worker support (checking pay, safety, and visa conditions), free legal referrals, employer education, and online rights sessions.

Simply fill out the contact form on our website and we will guide you through your options and next steps!

Operating within UnionsACT, we focus exclusively on temporary visa holders - allowing you to seek help without fear of employer retaliation or visa cancellation.

You can reach us anytime via our contact page. We aim to respond quickly - usually within one business day.

Collaborative, honest, and supportive. Our priority is providing a safe, clear path forward for workers dealing with sensitive exploitation issues.

Small businesses can find information about their obligations through the Fair Work Ombudsman and Department of Home Affairs. Employers must comply with Australian workplace and immigration laws, including minimum pay and conditions for overseas workers

No. An employer cannot cancel your visa or change your visa conditions — only the Australian Government can make visa decisions. Threatening to cancel a visa or using a worker's visa status to exploit them may also be unlawful. You can contact our service for help, and eligible temporary visa holders may have additional reporting protections.

You can seek free or confidential legal assistance through our program with the Immigration, Advice and Rights Centre. Further, in Canberra, Legal Aid ACT's migration service provides free and confidential migration legal assistance, subject to eligibility.

If you hold a visa and work in Australia, you have workplace rights. 

Visa holders and migrant workers generally have the same workplace rights and protections as other employees in Australia, regardless of their migration status. This includes temporary visa holders, international students and sponsored workers. 

Your visa status does not give an employer permission to underpay you, exploit you, discriminate against you or threaten you. 

Understanding your rights can help you recognise when something is wrong and know where to seek support.

People working in Australia are protected by Australian workplace laws. 

Depending on your employment arrangements, your rights may include: 

• receiving the correct rate of pay 

• receiving penalty rates and allowances where applicable 

• being paid for all hours you are required to work 

• receiving a payslip 

• receiving superannuation 

• having access to leave and other minimum employment entitlements 

• working in a safe workplace 

• protection from discrimination, bullying and sexual harassment 

• protection from unlawful dismissal and adverse action 

• being able to raise concerns about your workplace rights. 

The Fair Work Ombudsman states that migrant workers and visa holders have the same workplace entitlements and protections as other employees working in Australia. 

Yes. 

All employees working in Australia are entitled to at least the minimum lawful rate that applies to their employment. 

The amount you should be paid may depend on your industry, occupation, employment classification, award or enterprise agreement. 

From 1 July 2026, the National Minimum Wage for award-free and agreement-free employees is $26.44 per hour or $1,004.90 per 38-hour week before tax. Many workers are covered by an award and may therefore be entitled to different or higher rates, including penalty rates and allowances. 

Being a visa holder does not mean an employer can legally pay you less. 

Being paid in cash is not automatically illegal. 

However, even if you are paid in cash, you must still receive the correct legal rate of pay and your employer must comply with their tax, record-keeping and payslip obligations. 

An employer cannot use cash payments as an excuse to pay you below your legal entitlements. 

Yes. 

Your employer must provide you with a payslip each time you are paid. Fair Work requires employers to issue payslips within one working day of payday. 

Your payslip can help you check important information such as your pay rate, hours, superannuation contributions and other employment details. 

Keep copies of your payslips, employment contract, rosters, timesheets and messages relating to your work. These records may be important if you later need assistance with a workplace issue. 

No. 

An employer or sponsor does not have the power to cancel your Australian visa. 

Only the Australian Government, generally through the Department of Home Affairs, can grant, refuse or cancel a visa. 

An employer should not threaten to cancel your visa, threaten your future visa applications or use your immigration status to pressure you into accepting unlawful workplace conditions. 

If an employer says something such as: 

"If you complain about your pay, I will cancel your visa," 

You should seek help. 

Workers continue to have basic workplace protections even where there may be issues with their migration status. 

The Fair Work Ombudsman states that workplace entitlements and protections can continue to apply even where a migrant worker has breached a visa condition, does not have work rights or does not have the right to remain in Australia. 

There are also specific reporting protections for some temporary visa holders who experience workplace exploitation. 

For example, eligible workers who breach certain work-related visa conditions because they were being exploited may be able to access the Strengthening Reporting Protections when reporting the exploitation. 

Visa conditions are separate from workplace rights, however. You should still make sure you understand and follow the conditions attached to your visa. 

You can check your current visa conditions using Visa Entitlement Verification Online (VEVO).

No. 

Your employer may need to check your passport or visa information to confirm that you have permission to work. 

However, an employer cannot keep your passport as a condition of your employment. 

The Department of Home Affairs identifies taking a migrant worker's passport as a form of serious workplace exploitation. 

You should keep control of your passport and other important personal documents.

An employer should not pressure you to breach the conditions of your visa. 

Some Australian visas have restrictions relating to work hours, employers or the type of work you can perform. 

Pressuring migrant workers to work more hours than their visa permits may be a form of exploitation. 

Check your visa conditions through VEVO if you are unsure about your permitted working arrangements. 

Workplace exploitation can take many forms. 

Warning signs may include an employer: 

• paying you below the legal rate 

• refusing to give you payslips 

• making you work unpaid hours 

• making you work in an unsafe workplace 

• asking you to return part of your wages 

• threatening to cancel your visa 

• threatening to report you to immigration 

• taking or withholding your passport 

• pressuring you to work more hours than your visa allows 

• making you pay money in exchange for visa sponsorship 

• asking you to repay unlawful sponsorship, nomination or recruitment costs 

• forcing you to work in a role different from an approved sponsored occupation 

• subjecting you to discrimination, bullying or sexual harassment. 

Australian law specifically protects migrant workers from exploitation and it is unlawful to use someone's immigration status to take advantage of them at work. 

International students working in Australia are workers too. 

They are generally entitled to the same minimum employment protections as other employees, including legal minimum pay, applicable penalty rates, payslips, safe working conditions and protection from exploitation. 

International students should also comply with the work conditions attached to their student visa. 

Being an international student does not mean you should accept lower wages or unlawful workplace treatment. 

What rights do sponsored visa holders have? 

Sponsored workers have ordinary Australian workplace rights as well as additional protections and sponsorship requirements that may apply to their employers. 

For example, certain sponsored workers must receive employment terms and conditions that are no less favourable than those provided to comparable Australian workers. 

Sponsors may also have obligations relating to the duties performed, salary arrangements and certain recruitment and sponsorship costs. 

If you are concerned that your sponsoring employer is not complying with their obligations, seek advice early. 

Seeking information or speaking out about your workplace rights should not put your visa at risk. 

Australia has introduced the Strengthening Reporting Protections and Workplace Justice visa to encourage eligible temporary visa holders experiencing workplace exploitation to report it. 

Because immigration circumstances differ from person to person, seek appropriate migration or legal advice if you are concerned about how reporting an issue may affect your individual visa circumstances. 

Start by keeping evidence. 

Save copies of your: 

• employment contract 

• payslips 

• rosters 

• timesheets 

• bank statements showing wage payments 

• text messages, emails or WhatsApp conversations with your employer 

• records of hours worked 

• information about deductions from your wages. 

 If you are a temporary visa holder or international student working in Canberra or the ACT, you can contact Migrant Workers Service Canberra. 

Migrant Workers Service Canberra provides free and confidential information and non-legal advice to temporary visa holders and international students in the ACT. 

The service can help workers better understand workplace rights, pay, conditions, visa-related work issues and available protections, and can make referrals where specialist legal assistance is required. 

You do not have to wait until a workplace situation becomes serious before asking questions. 

Sometimes understanding your rights early can prevent a problem from getting worse.