Key Points
- Temporary visa holders can file a complaint with the Fair Work Ombudsman if they believe their work rights have been violated.
- The workplace regulator provides free advice, education and help to all employees.
- Fair Work Ombudsman Anna Booth says international students enjoy the same rights as every other worker.
When Rajesh* (name withheld to protect privacy) arrived in Australia on a student visa eight years ago, he quickly found part-time work at a restaurant in Melbourne.
But while the business owner offered him a wage based on the national minimum wage, which was about $19 per hour at the time, there was a catch.
"My boss would deposit my salary into my bank account using my TFN (tax file number), but he required me to pay him back $5 in cash for every hour I worked," Rajesh told SBS Gujarati.
"This meant I only received $14 per hour, while still being required to pay taxes on the full amount deposited into my account."
There are many cases in which temporary visa holders or students have been stripped of their work rights by employers.
Recently, the Fair Work Ombudsman secured a total of $179,221 in penalties in court in relation to underpayments of temporary visa holder workers in Tasmania.
The Fair Work Ombudsman commenced legal action against the owner of hair and beauty salon in Victoria in 2022.
Your source of information and assistance
In Australia, the National Employment Standards (NES) are a set of minimum employment entitlements for all workers.
As the workplace regulator, the Fair Work Ombudsman provides free advice, education and help to all employees so they can better understand their rights.
The Ombudsman also assures workers that their visas will not be affected in any way if they contact the office for information or help.
Unaware that such assistance was available in Australia, Rajesh said he had "no choice" but to accept the offered working conditions until eventually he found another job.
But Fair Work Ombudsman Anna Booth told SBS Gujarati that international students working in Australia had the same rights as any other worker including to be paid equally, be safe from discrimination, and have access to all entitlements under Australian law.
The most important thing for international students visiting and studying in Australia to know is that they enjoy the same rights as every other worker in Australia.Anna Booth, Fair Work Ombudsman
"Students working in line with their visa conditions are entitled to the same wages, the same protections from things like discrimination and so on, as any other Australian worker," Booth said.
Equal entitlement to leave and other benefits
Under the NES, international students are entitled to various forms of leave including annual leave and personal (sick) leave.
"They are perfectly entitled to take leave and that doesn't necessarily mean annual leave, but also, personal leave and all the other leaves that are covered under the NES," Booth outlined.
While there are requirements for certain types of leave, such as parental leave, international students are urged to seek information from the Fair Work Ombudsman's website or hot line 13 13 94.
Our working students studying in Australia are, as any other Australian worker, owed the same terms and conditions.Anna Booth, Fair Work Ombudsman
Addressing underpayment and exploitation
International students who believe they are being underpaid or are not receiving their entitlements should, as an initial step, obtain information about their rights from the Fair Work Ombudsman or from a trade union.
They can also discuss concerns with their employer. "We always recommend that if a worker, any worker, including international students, is concerned that they're not being paid correctly or receiving other entitlements that they're entitled to, that they find out what their rights are," Booth said.
The Fair Work Ombudsman also referred to the Strengthening Reporting Protection Pilot and Workplace Justice through the pilot, which offer protections for temporary visa workers, including international students, against being exploited.
These pilots can reverse visa cancellation, provide a new visa and address underpayment at the same time.
Educating employers and enforcing rights
The Fair Work Ombudsman is also committed to educating employers about workplace rights and obligations.
One of the things that we do is educating employers because it's employers that have the obligation to pay correctly and to provide the correct terms and conditions.Anna Booth, Fair Work Ombudsman
The Ombudsman offers a dispute resolution program to resolve disagreements between employees and employers.
If a resolution can not be reached, the Ombudsman can investigate and enforce workers' rights.
In Australia, the Fair Work Ombudsman is an independent government agency that provides free workplace relations advice and information. Source: fairwork.gov.au Credit: facebook.com/fairwork
'We are here for them'
The Ombudsman will not tolerate any discrimination against international students due to their visa status.
"We want to assure them that we are here for them," Booth said
It's just absolutely unacceptable for an employer to treat an international student differently because they're on a temporary visa.Anna Booth, Fair Work Ombudsman
The Fair Work Ombudsman provides numerous resources to assist international students. Their hot line, 13 13 94, offers help, and they have a free interpreter service at 13 14 50. The Ombudsman also has translated information in community languages, including a fact sheet specifically for international students.
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