Australian Immigration Daily News

The Workplace Rights Guide provides essential information on the rights and protections that workers, including visa holders, have under Australian workplace laws. It outlines that all workers in Australia, regardless of their citizenship status, are entitled to basic workplace protections.

Key points include:

• Workplace Rights for Visa Holders: Visa holders are entitled to the same workplace rights and protections as Australian citizens. This includes the right to fair pay, protection from unfair dismissal, protection from discrimination, and more.

• Support and Assistance: The Fair Work Ombudsman (FWO) is the primary authority for enforcing workplace laws. Workers can seek help from the FWO, legal aid, or unions if they face exploitation or unfair treatment at work.

• Visa and Workplace Exploitation: New laws under the Strengthening Reporting Protections Pilot provide protection for visa holders who experience workplace exploitation. This includes protections for those who breach work-related visa conditions due to exploitation.

• Workplace Exploitation: The guide identifies common signs of exploitation, including wage underpayments, forced labour, unsafe working conditions, and more.

• Visa Conditions and Rights: It highlights how certain visa conditions may affect what work a visa holder can perform and the employer's obligations. Employers are also restricted from cancelling a visa due to a breach of visa conditions, especially in cases of workplace exploitation.

The guide emphasises the importance of understanding and complying with workplace rights and visa conditions to avoid exploitation and to ensure fair treatment in the workplace.

This publication from the Department of Home Affairs is an essential resource for registered migration agents (RMAs) to help support workers and ensure compliance with Australian laws.

Recommended Distribution of the Workplace Rights Guide to Clients

While it is not yet mandatory to provide the Workplace Rights Guide to clients, we highly recommend RMAs and migration lawyers sharing it as a valuable resource to assist workers in Australia. The Guide has been developed in consultation with relevant Australian Government departments.

Please be aware that the Department is currently conducting a review that may make the distribution of the Guide mandatory for RMAs in the future.

Translated and accessible versions of the Guide are being prepared and will be made available to RMAs, along with the English version, on the OMARA website in due course.

Source: workplace-rights-guide-publication.pdf and 

https://www.mara.gov.au/get-help-with-a-visa/help-from-registered-agents/steps-to-choose/consumer-guide