Migrant worker protection laws

Under Australian workplace laws, workers have the same basic workplace rights and protections, regardless of citizenship or their visa situation. The Department of Home Affairs has developed some resources to educate international students about important new laws to help address migrant worker exploitation. The new laws aim to deter employers and others in the labour chain from using a person’s visa status to exploit them. 

There are also stronger reporting protections for visa holders experiencing workplace exploitation. The new protections recognise some temporary visa holders, including student visa holders, may fear the cancellation of their visa if they report exploitation or support an investigation into their employer. 

Workplace exploitation includes a range of behaviour from your employer or others in the labour chain. It is against the law for your employer to:

• underpay you
• pressure you to hand over your passport
• threaten to cancel your visa (employers cannot cancel visas)
• pressure you to work more hours than your visa conditions allow
• pressure you to engage in unwanted sexual acts
• pressure you to accept poor living conditions, like poor housing or lack of access to running water or electricity.

These are just some examples of workplace exploitation – there are many others.

What to do if you are exploited at work:

Report workplace exploitation early. This means you can get the support you need and it might also help others. You do not have to give your name to report workplace exploitation.

To make an anonymous report, you can contact the Fair Work Ombudsman or Border Watch. 

Learn more about workplace justice measures for migrant workers on The Department of Home Affair's website.