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Workplace laws provide basic protection and entitlements for all workers in Australia.
including those from overseas.
The National Employment standards include ten minimum measures of employment you are
entitled to receive.
These standards are; maximum weekly hours of work; requests for flexible working
arrangements; parental leave and related entitlements; annual leave; personal carers and
compassionate leave; community service leave; long service leave; public holidays; notice
of termination and redundancy pay; and provision of a Fair Work information statement.
More detailed information about these standards and your workplace rights, is available
from the fair work ombudsman website, or by phoning 13 13 94.
Your minimum rights and conditions at work may be set by legal documents such as an
award, an agreement, or a contract of employment.
Ask your employer which one applies to you to find out how you're affected.
If an award or agreement does not apply to you, you will receive basic minimum pay,
conditions, and protection under commonwealth workplace laws.
If you are asked to sign any kind of document agreeing to specific work conditions, make
sure to read it very carefully and understand it before signing.
Remember to keep a copy for your records.
You should not feel any undue pressure to sign any agreement with your employer.
Employers must issue payslips to you within one working day of your payday.
It's best practice for these to be written in plain and simple english.
If you have concerns about your entitlements or believe you workplace rights are not
being met, you can contact the fair work ombudsman on 13 13 94 or visit their website.
The services of the fair work ombudsman are free to all workers in Australia.
In Australia, everyone including overseas workers is free to join a union.
A union is a member based organisation made up of employees, usually from the same
industry or a collection of similar industries.
Unions represent their members on employment rights such as work hours and conditions.
They also bargain with employers about members pay and employment conditions.
If you experience difficulties in the workplace, you may wish to contact a union for
assistance.
For more information about membership, you can visit the unions Australia website.
As well as the basic protections provided by workplace laws, immigration laws also
protect you.
Businesses that employ overseas workers are responsible for checking their workers rights
to work in Australia.
This means your employer may ask to see your passport or other identification.
Your employer must get your permission before they can check your work rights.
Remember - the only person who has a right to take your passport is an authorised
immigration officer, or in certain circumstances, a member of the Australian Federal
Police.
Your employer cannot cancel your visa.
Only the department of Immigration and Citizenship can do this.
Only the department can grant, or refuse visas.
The department can provide you with information on visa choices, and rights and
obligations, including how to change your sponsor, or apply for permanent residence.
As a 457 visa holder, you must work only as a direct employee of your employer, not as an
independent contractor .
As a direct employee, your employer directs the work you undertake on an ongoing basis,
provides the tools and equipment necessary for the work, or provides a tool allowance,
and deducts income tax.
Your employer must pay you the same amount as Australian workers doing the same work.
Your employer is strongly recommended by the department to pay you electronically, into
your nominated bank account.
Your employer must pay your return airfare if you or the department request this in
writing.
Your employer must not make deductions from your pay without your permission, other than
tax which they must deduct by law.
You too have immigration obligations when working in Australia.
Your main responsibility as an overseas worker is to ensure you have a valid Australian
visa with work rights, and that you comply fully with the work conditions of your visa.
Temporary visas that have work rights include, the working holiday maker visas, student
visas, and the temporary 457 visa.
If you are unsure of your work and visa entitlements, please visit our website to use the
free visa and work entitlement service, also called VEVO.
It's a requirement of visa holders, that you work in job for which you have been
approved.
This means your employer cannot make you work on tasks not related to your job.
You must also remember your employer is responsible for making sure you do not work for
other employers.
However, you have every right to change employers if you wish provided the new employer
is an approved sponsor for your visa and nominates you to do a particular job.
It's important to understand you are not required to use a migration agent to help you
with your visa application, however if you decide to use a migration agent, you must
ensure they are registered with the office of the migration agents registration
authority.
Please visit the migration agents registration website for more information.
To find out more about your rights and obligations, in Australia, please visit the
departments website.
There is also more information about Australian workplace laws on the fair work
Australia website.
Finally, for information about union membership, please visit the website of unions
Australia.