Workplace Rights of 457 Visa Holders in Australia

By Damian Costello


The Fair Work Ombudsman and the Department of Immigration and Citizenship (DIAC) communicate to let you fully understand your legal rights when doing work in Australia. Your employer ought to accommodate both Australian industrial regulations and immigration laws. You are eligible to receive pay and conditions at least as good as Australian people who are performing the same work at the same company.

Within these laws, your sponsor ought to offer you an identical terms and conditions as Australian workers delivering the same role in the same workplace. All of these legal guidelines also give DIAC stronger capabilities to ensure that sponsors are complying with their responsibilities.

Your sponsor must:

- demonstrate that they're providing you identical pay and conditions of employment to Australian workforce performing equal work in the same location

- not allow deductions from your pay (excluding income tax) without your agreement

- only employ you in your authorised skilled industry

- pay realistic and necessary travel expense to help you and your family members to move out of Australia, if requested in writing by you, your family or DIAC on your behalf

- not request you to pay back the total cost of your recruitment, inclusive of migration agent charges or the expenses associated with becoming or actually being an approved sponsor

- make certain you don't work for other employers or clients and not pay you in cash.

Everyone employed in Australia is eligible to receive standard rights and protections on the job. Nearly everybody getting work done in Australia are covered by the National Employment Standards. The NES include all employees protected by the national workplace relations system no matter the award, agreement or contract of employment applying to an employee. The NES guarantee that have particular bare minimum conditions of employment. These minimum conditions won't be lowered.

Personnel hold the right to be free from unlawful unfairness, the right to undertake industrial actions (which includes right to become or not become a member of a union) and the right to be free from undue influence or force when negotiating individual arrangements. Employees are also eligible to protection against having or exercising a workplace right which includes being entitled to a reward under a workplace law or lodging a protest to the Fair Work Ombudsman with regard to their occupation arrangements.

If you feel your boss is not paying you an appropriate entitlements and/or you believe your workplace rights are not actually being met, you can make a complaint to the Fair Work Ombudsman. The services of the Fair Work Ombudsman cost nothing to all people in Australia.




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