Australia updates immigration rule issues equal workplace rights for migrant workers, regardless of visa status

These protections include safeguards against various forms of workplace exploitation, including underpayment, coercion, and threats of visa cancellation.

The Fair Work Ombudsman (FWO) ensures that these rights are upheld by investigating and enforcing compliance with Australia’s workplace laws.

According to Australia’s Immigration Service, workplace exploitation refers to actions by employers or third parties, such as labor hire intermediaries, that take advantage of workers. This can include underpayment, poor living conditions, and other forms of mistreatment.

Migrant workers are encouraged to report such exploitation and are protected under Australian laws.

Workplace exploitation can take many forms, including the following:

These actions are unlawful, and migrant workers are entitled to legal protection against them.

To protect themselves, the immigration body encourages workers to take several precautions.

The FWO also offers tools, including a Pay Calculator and a free app, Record My Hours, to help workers track their wages and hours worked.

Migrant workers who experience exploitation are advised to report it to the FWO as soon as possible. Reporting can help the worker receive support and prevent further mistreatment.

It is also established that employers cannot cancel a worker’s visa for breaching visa conditions related to exploitation. Only the Department of Home Affairs or Australian Border Force has the authority to grant or cancel visas. Workers can report exploitation anonymously through the FWO or Border Watch.