Australian Workplace Rules

Be aware of the following information before commencing work in Australia:

• know how much you will be paid and your hours of work
• details of your working conditions
• whether or not your visa allows full-time, part-time, casual work or being hired as a contractor
• if your rights and conditions are determined by a federal or state award, collective agreement or individual agreement, and
• under what circumstances your employment can be lawfully terminated

All workers in Australia have basic rights and protections in the workplace. Most may be different to what a migrant has known in their home country.

For example, it is illegal for employers to discriminate against employees or job applicants on the grounds of ethnicity, skin colour, gender or sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy , religion, political opinion, membership or non-membership of a union, national extraction or social origin. If anyone, including migrants on temporary permits, has a complaint about discrimination, they can seek advice from the Australian Human Rights and Equal Opportunity Commission.

Recognise however that “being different” can create uncertainty in some people, so make the effort to communicate and bring any issues into discussions with employers at an early stage.

Here are some useful links:

• Fair Work Australia -  information and advice on all workplace relations matters, minimum wages and conditions and workplace agreements, and Facts Sheets for workers
• Australian Government Workplace Ombudsman - for information and complaints about workplace rights and rules.
• The Australian Industrial Relations Commission - an independent, national tribunal dealing with employment issues including unfair dismissal.
• Independent organisations which provide assistance to workers about their rights at work, usually including a free and confidential telephone service and referrals.
• Victoria - Jobwatch
• Equal Opportunity Commissions can help resolve complaints about discrimination, sexual harassment and racial vilification.
• Victoria
• Australian Tax Office for tax and superannuation help.
• State Health and Safety organisations that provide information, advice and service on health, safety and welfare in the workplace.
• Victoria

This site is not intended for use by either migrants or sponsors who are directly sponsoring a future employe. It is a condition of use of this site that all users acknowledge that they are not seeking migration advice for themselves as migrant or to act as sponsor of a future worker. For full legal entitlement and disclaimer please click here (c) Hire A Migrant Pty Ltd ACN 124 164 138 unless attributed.

The Australian Government is now in caretaker mode ahead of the national election scheduled for August 21. The timing is very unfortunate as a long series of major changes to immigration policy are still unfinished, leaving many thousands of people in a state of great uncertainty.

Although it is possible that State Governments may be able to submit their new lists of State Sponsored occupations for Ministerial approval, it is unclear whether the Minister still has the ability to authorise their implementation at least until a new Government is formed. Similarly, other unwelcome legislation for capping and ceasing certain visa categories is also unable to progress. Another choke point is that quotas for certain occupations may also be implemented at State and Federal levels soon after the election.

Or not! One major party view is that smaller employers should find it easier to become a sponsor, which would enable many more job applicants through. Applicants affected by change and uncertainty may still consider applying for 457 permits until their visa pathway for permanent residency is made clear. Even without the election, Immigration is in a bit of a mess and it will probably be October before it’s mostly cleared up.