This page is about migrants’ workplace rights under Australian law. The information is general and is not legal advice. You should always get legal advice about your particular situation.

Last updated July 2025. For the most up-to-date information visit: fairwork.gov.au/.

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Wages: What should I be paid?

Minimum wages in Australia apply to employees but not to independent contractors (workers on an ABN).

  • From 1 July 2025, if you are 21 or above, the national minimum wage is $24.95/hour or $948.00 a week.   An updated national minimum wage is introduced on 1 July every year.  

    Different industries may have a higher minimum wage. If you are under 21, the minimum wage may be lower.  

    For more information, see: 

  • From 1 July 2024, if you are 21 or above, the minimum hourly wage for a casual worker is $31.19/hour (the national minimum wage, plus 25%). 

    Casual workers have a right to higher pay. This is usually an extra 25% (called ‘casual loading’) on top of the minimum wage that applies to the worker.

    Casual loading is extra money paid to casual workers over the normal hourly rate and is paid in recognition that casuals don’t have the same job security or access to most of the paid leave entitlements that are available to permanent employees. Casual workers aren’t guaranteed regular work. They don’t know how long they will be employed, don’t have fixed days and times of work, and don’t get paid holiday or sick leave.

    For more information, see: 

  • If you’re covered by an Award or Agreement (see How do I know my working rights, conditions and pay rates? above), it will probably set out your right to a higher rate of pay for work done at night, weekends and public holidays. This is called a ‘penalty’ rate. Your award or agreement might also set out an ‘overtime’ rate for when you work more than the ordinary hours per day or per week.

    For more information, see:

  • Young workers have basic rights and conditions like all employees. However, age can alter the minimum wage young workers are entitled to and determine whether they are entitled to superannuation or even whether they are permitted to work.  

    Generally, employees younger than 21 years old, trainees and apprentices may not be entitled to the full national minimum wage but to a proportion of it, normally this will depend on the award that covers the industry the employee works in (see here).

  • An employer is not required to pay for work to demonstrate that someone has the necessary skills to fill a vacant position.  However, where the work goes beyond that which reasonably demonstrates the necessary skills required for the position, it is illegal for an employer not to pay the legal minimum wage associated with that position.   

    Legitimate work trials are usually a couple of hours long and are conducted under direct supervision from the employer. If your unpaid trial was longer than necessary to demonstrate your skills, was not conducted under direct supervision, or involved a demonstration of skills irrelevant to the position, you may have a claim against the employer.  

    Volunteer work, internships and student placements are not unpaid trials.  

    For more information, see:

  • It is legal for your employer to take money from your pay in certain and limited situations; these are called ‘deductions’.  

    Where you have agreed to the deduction in writing and the deduction is not unreasonable in the circumstances, a deduction is allowed. It is not reasonable for your employer to take deductions from your pay where the deduction is for something that does not principally benefit you. Deductions for equipment provided to you, for instance, for work use and not private use, are deductions that do not principally benefit you and are therefore illegal. 

    Some common illegal deductions from workers and deductions which employees should keep an eye out for include deductions for worker mistakes (e.g., breaking something) and customers not paying.  

    For more information concerning what sort of deductions are permitted, please see:  Fair Work Ombudsman: Deducting pay. 

    In instances where you have not agreed to the deduction in writing, the deduction still may be allowed if an enterprise agreement, award or employment contract covering your employment provides that the deduction is allowed.  Yet such deductions still need to be principally for your benefit.  

    It’s important to note that your employer must set out the total amount of deductions on your payslip. And that deductions for tax are an exception to the above.  

    If you’re not sure if your deduction is legal, seek legal help.

  • People who are in Australia on a visa (permanent or temporary), or without a valid visa, are always entitled to the same minimum wage as Australian citizens and generally have the same rights at work as Australian citizens. 

    An employer cannot pay someone on a visa less than the minimum wage, even if they have less work experience or their English is poor– nor is it legal to be paid less than the minimum wage if you have made mistakes at work or you have not followed your visa conditions or are working without a visa.

  • You are not breaking the law and cannot get in trouble for agreeing to be paid less than the minimum wage. 

    The responsibility is on the employer to pay you the minimum wage, even if you agree to be paid less. Your employer has broken the law by not paying you the minimum wage and you can take legal action against them for the wages they owe you.

  • Under Australian law, an employer is allowed to pay wages in cash. You are not breaching your visa by agreeing to a cash-in-hand job – nor can it lead to your visa being cancelled (if your visa allows you to work). 

    Though it is legal for your employer to pay you in cash, it is a common indicator that your employer could not pay you the correct amount, pay your superannuation, or withhold tax from your wages.  

    For this reason, it is important to check your payslip. If you are not getting a payslip, this further indicates that your employer is not correctly paying your wages, as not getting a payslip is illegal (see below).  

     For more information, see: 

Rights and entitlements as an employee

These rights apply to employees but not to independent contractors.

  • Your working rights and conditions depend on a number of things: 

    • Whether you are full-time, part-time or casual 

    • An Award, which sets out the pay and conditions for an entire industry OR an agreement which applies to employees in a workplace (called an Enterprise Agreement) 

    • The National Employment Standards which are basic minimum standards for all employees in Australia 

    • An employment contract between you and your employer, which can be written or verbal or both. 

    Even if you have not received a written contract, you are entitled to the National Employment Standards and to the rights set out in an Award or Enterprise Agreement that applies to you.   

    Understanding your work rights can be difficult, especially if your employer has not given you any written information. You can seek help via our Referrals page. 

    For more information, see: 

  • If you are working full-time, you are entitled to at least four weeks paid holiday leave (called ‘annual leave’) and at least 10 days paid sick leave or carers’ leave per year. 

    If you are working part-time, you have the same rights to paid holiday and sick leave as full-time employees, but adjusted to your hours of work.    

    If you are a casual employee, you don’t get paid holiday and sick leave, but you get two days' unpaid carer’s leave and two days' unpaid compassionate leave in certain circumstances. 

    If you are having or adopting a child, you may be entitled to 12 months of unpaid leave and may request another 12 months. In the case your spouse or de facto spouse gives birth, or if you and your spouse adopt a child under 16 years old, you are entitled to 12 months leave in certain circumstances. 

    Generally, you must be a permanent employee and have worked for your employer for at least 12 months prior to the time you intend to take the leave. The time you take the leave must also fall between six weeks before the planned expectation of the child or 2 years after the child’s arrival. 

    If you are a casual employee, you may still be eligible if you have been given regular shifts for the past 12 months and had an expectation you would continue to receive these shifts, but for the arrival of your child.  

    In some instances, migrants can receive parental payments from the government, see here. For more information, see: 

  • Generally, you should be receiving a break. The break that you should receive depends on several factors. Depending on the duration of your shift and the industry you work in, entitled breaks will differ. For these reasons, it is best to check your award enterprise agreement or employment contract.  

    For more information, and to work out the length of the break you are entitled to under the specific awards, see here:

    • Fair Work Ombudsman: Breaks  

  • Superannuation (super) is a form of compulsory retirement fund in Australia. Employers must pay a percentage of an employee’s income into a super fund (12% as of 1 July 2025).

    You can claim your super back from the fund when you leave Australia, as a Departing Australia Superannuation Payment.

    All employees in Australia over the age of 18, including temporary visa holders, have a right to superannuation. This is regardless of how much you earn. If you are under 18, you must work at least 30 hours per week to have a right to super.

    Your employer must tell you how much super they are paying on your pay slip (see Do I have a right to a pay slip? above).

    For more information, see:

  • Yes, your employer must give you a payslip (a written statement of your pay) within 1 day of being paid.

    Payslips can help you figure out if you are getting paid correctly. They must set out your pay, the tax the employer is paying for you, any deductions, super payments, and hourly, overtime and penalty rates.

    If an employer does not provide the correct information on a payslip or does not give you a payslip on time, they are breaking the law.

    If your employer has paid you less that you are owed, you can go to court to claim your full wages. If your employer has not provided payslips or kept records, the court will assume your claim for underpayment is correct. The employer cannot win unless they have evidence that proves you wrong.

    If your employer has not given you correct payslips or you need help understanding your payslip, you can seek legal help.

    For more information, see:

  • Casual employees are entitled to be offered conversion of their employment from a casual to a permanent basis by their employer where: 

    1. Their employer has employed them for 12 months. 

    1. Their employer has given them regular hours for the last 6 months.  

    1. Their conversion from casual to permanent employment would not cause significant disruption.  

    If your employer has not offered you a casual conversion or has not provided you with reasonable grounds for not offering a permanent position, you may request that your employer convert you to a full-time position in writing. You may do so 21 days after working for your employer for 12 months. Employers may refuse, but only if they have reasonable grounds.  

    For more information on the right to be converted to permanent and what are reasonable grounds for your employer to refuse, please see: 

  • Employees have the right not to monitor, read or respond to contact made by their employer or a third party connected to the employer outside of the hours they work if the refusal is reasonable. This right is commonly referred to as the ‘right to disconnect’.  

    This right currently only applies to businesses that employ 15 people or more. As of 26 August 2025, it will apply to all small businesses regardless of whether there are more or fewer than 15 employees.  

    For more useful information on the right to disconnect, including information on whether your refusal is reasonable. please see here: 

  • International students are entitled to all the same working conditions as resident workers; except that they are subject to a 48-hour working cap per fortnight (when classes are in session). Otherwise, conditions such as minimum pay entitlements, protections, and rights are precisely the same between international students and residents.  

    Also, Intenational students enrolled to study in Australia in a course that is six months, are also entitled to the same taxation privileges of Australian residents. These include: 

    • Generally lower tax rates than foreign residents,

    • Tax offsets,

    • And a tax-free threshold of $18,200.

    For more information, please see:  

  • If you are at fault for an accident, your employer is generally vicariously liable where the accident occurred in the course of your employment.  For the accident to occur in your course of employment, you must be driving and using the car in a way that is connected to your employment. You will also be personally responsible for any damage that connotes serious or wilful misconduct, such as drunk driving or driving without a license. Your rights may be altered by the terms of your contract or any of your employers’ policies. If you are an independent contractor, you will be personally liable for any damage you cause, unless your contract states otherwise.

    For more information, see:  

  • Some mistreatment by an employer is so serious that it is criminal. It may be ‘modern slavery’, trafficking or forced labour.

    ‘Modern slavery’ is when a person is pressured or forced to work, threatened with violence or deceived, and they lose their ability to leave their work or accommodation or make choices for themselves.

    There are specific organisations that can help you if you feel you are powerless to complain about your work, cannot leave your work, or cannot say no to your employer. See a list of these organisations on our Referrals page. If you have experienced forced labour, modern slavery or trafficking, you may be entitled to special forms of immigration protection and support.

    Signs of forced labour and modern slavery include:

    • Having to work in unsafe conditions, excessive hours, or without pay

    • Having to pay back some of your wages in cash to your boss eg to pay off a debt

    • Being tricked about your job

    • Threats of harm to yourself or your family, including threats of reporting you to immigration

    • Having your passport confiscated

    • Not being able to leave your accommodation or workplace without permission

    • Violence, harassment, or abuse.

    For more information, see:

Health and safety at work

  • All workers are legally entitled to a respectful workplace. Under anti-discrimination and workplace bullying laws, employees are protected from disrespectful conduct in the workplace.  

    Harassment, bullying and discrimination in the workplace is illegal in Australia. This includes sexual harassment (including unwanted touching and sexual comments) and discrimination on the basis of race, gender, religion, disability, or sexual orientation. Workers being sexually harassed have the right not to attend work. In this case, workers should almost always seek legal help and clarify to their employer that they have not abandoned their job. 

    If you have experienced any of these things you may be able to take legal action under employment law or anti-discrimination law in Australia. Seek help on whether the conduct you experienced is illegal, and on your options to take action. 

    For more information, see: 

  • All Workers in Australia have the right to a safe and healthy workplace. You have the right to refuse unsafe work. Under occupational health and safety laws, employers are legally obligated to provide a healthy and safe workplace for their employees. This extends to providing employees with the necessary skills, tools and clothing to complete a job safely.  

    For more information, see:  

  • Under Australian law, all employers must make sure that their workers do not get hurt or get sick because of the conditions in their workplace (called ‘work health and safety’). 

    If you get injured or sick at work, you may be able to make a claim for ‘workers’ compensation’, to cover your medical bills and any wages you are missing out on because of your illness or injury. 

    Each state and territory has a different agency for work health and safety that can give advice on workers’ compensation. Find the agency for your state or territory here. 

    For more information, see: 

Rights after losing a job or receiving a warning

  • Employees unfairly dismissed can make a legal claim against their employer to get compensation or their job back. Claims for unfair dismissal against employers must be made within 21 days of dismissal. Only employees who have been employed for at least 6 months (or 12 months for a small business) may make a claim. For a dismissal to be ‘unfair’, it must be ‘harsh’, ‘unjust’ or ‘unreasonable’.   

    A dismissal that would have an overly disproportionate impact on employees’ economic circumstances or is an inappropriate response to the situation is a harsh dismissal.  

    A dismissal that is based on an action or behaviour that has not occurred is an unjust dismissal.  

    A dismissal based on behaviour or an action that is not supported by any evidence is unreasonable.  

    For more specific examples, please see here. 

    If you have missed the 21-day window for making a claim against your employer, please see Caxton Legal Centre: ‘Missed the deadline for Unfair Dismissal Claim’ for more options.  

    For more information on how to lodge an unfair dismissal claim, please see here.

  • If you have been warned that your work performance or conduct is unsatisfactory and disagree with the warning, it is essential to respond to it. Warnings are relevant when considering whether one has been unfairly dismissed, such as whether it is harsh, unjust, or unreasonable. A lack of warnings is an indication of unfair dismissal. In responding to/ disputing a warning, it is essential to record your response in writing, noting your account of events.  

    For more information, see:  

Protections for migrant workers who make a complaint about working conditions

  • It is illegal for an employee to be fired for complaining under the Fair Work Act. Still, certain precautions should be taken when making a complaint, as employers have a history of dismissing those who do complain for disguised reasons. For this reason, it may be best to gain legal advice from a community legal centre as well as a migration agent on how best to proceed. 

    In general, in making a complaint, it is best to make the complaint as formal as possible whilst maintaining professionalism. If your employer has a human resources department, complaints should be directed through there; if not, it is best to document your complaint. It is also a good idea to collect evidence of your positive performance at work before making the complaint, as this will be useful if your employer dismisses you. Evidence such as positive performance reviews, positive customer feedback or a good sales record is a good example.  

    For more information, see here:  

  • It is illegal for an employer to take adverse action against an employee for exercising their workplace rights. Adverse action includes dismissing employees, demoting them and or discriminating against them. Joining a union or making a complaint are examples of exercising your workplace rights. If your employer has taken adverse action against you for exercising your workplace rights, you may want to seek legal advice. 

    For more information, see:  

  • If you work beyond the conditions of your visa, there may be grounds for the cancellation of your visa. This may also affect your chances of being granted a new visa. However, if your breach is in connection with your experience of workplace exploitation and you report this exploitation, your visa will not be cancelled, and the possibility of you being granted a new visa will not be affected, provided:    

    • There is no other reason to cancel your visa (such as character or fraud grounds)  

    • The exploitation was experienced in the last 12 months (exceptional circumstances apply) 

    • You have sought advice from a certified government agency, or an accredited party in the process  

    • And you have agreed in writing to follow the conditions of your visa in the future.

    For more information, see here: 

ABNs and independent contracting

  • Employees work for another person or business, that controls the hours, place and the way work is done.

    Independent contractors run their own business and work for themselves. Generally, independent contractors use their own equipment, choose the hours they work, and decide how the work is done. They are required to have an Australian Business Number (ABN).

    If you work on an ABN for a food delivery, rideshare, or services platform (eg Uber, DiDi, AirTasker) you are probably an independent contractor when you are doing that work.

    For more information, see:

  • If you are genuinely performing work as an independent contractor, you need an ABN.

    However, some employers may ask a worker to work on an ABN so the employer can avoid paying legal minimum rates of pay, tax, and other entitlements like holiday and sick leave. They might ask you to work on an ABN when you are really doing work as an employee and not as an independent contractor. This is called ‘sham contracting’, and it is illegal.

    For more information, see:

  • Generally, independent contractors have different rights from employees. They don’t have minimum wages and generally must manage their own tax, superannuation and injury compensation. However, they have the right to apply to the Fair Work Commission for the alteration of an unfair contract and the right to a safe workplace.  

    Independent contractors that fall within the definition of a ‘regulated worker’, such as regulated transport workers or those working under digital labour platforms, are entitled to some additional minimum rights under minimum standard orders and collective agreements. For example, those working under a digital labour platform have a right not to be unfairly deactivated by the digital labour provider.  

    All contractors who are not being paid or working in unsafe conditions should seek help to assess their options.  

    For more information, see: 

What should I do if my rights have been breached? What if I feel I can’t leave my job or speak up?

  • You can seek legal help on your options. See our list of organisations that can help you here.

    Employees can make a legal claim for unpaid wages within 6 years of the underpayment.

    Claims for harassment, bullying and discrimination generally must be made within a shorter period of time.

    For more information see:

  • Since 1 July 2024, there are visa protections that enable migrant works to address exploitation and enforce workplace rights.  It has become easier for migrant workers to speak up and take legal action against employers who have breached their rights, without risking their visa.

    Some migrant workers will be able take legal action against their employer with a guarantee that their visa won’t be cancelled. For example, if you’ve breached your work conditions (e.g. worked more hours than permitted on your visa) but you’ve been underpaid, or mistreated in other ways at work, you’ll be able to bring a legal claim, without your visa being cancelled.

    Find out more about the visa cancellation protections on DHA's website.

    Some migrant workers may also be able to get a new workplace justice visa to stay in Australia while they take action against their employer. For example, if you’re at the end of your visa but want to bring an underpayment claim, you can stay in Australia to the end of the claim.

    Find out more about the visa on DHA's website.

  • Some mistreatment by an employer is so serious that it is criminal. It may be ‘modern slavery’, trafficking or forced labour. 

    ‘Modern slavery’ is when a person is pressured or forced to work, threatened with violence or deceived, and they lose their ability to leave their work or accommodation or make choices for themselves. 

    There are specific organisations that can help you if you feel you are powerless to complain about your work, cannot leave your work, or cannot say no to your employer. See a list of these organisations on our Referrals page. If you have experienced forced labour, modern slavery or trafficking, you may be entitled to special forms of immigration protection and support. 

    Signs of forced labour and modern slavery include: 

    • Having to work in unsafe conditions, excessive hours, or without pay 

    • Having to pay back some of your wages in cash to your boss e.g. to pay off a debt 

    • Being tricked about your job 

    • Threats of harm to yourself or your family, including threats of reporting you to immigration 

    • Having your passport confiscated 

    • Not being able to leave your accommodation or workplace without permission 

    • Violence, harassment, or abuse. 

    For more information, see: 

 

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