Foreign worker rights

All people doing work in Australia, inclusive of overseas workforce, are eligible for fundamental rights and protections in the workplace. Foreign workers are individuals that are not Australian nationals or hold permanent residency in Australia, and could comprise of ’backpackers’, seasonal personnel, or international students. With the intention to work in Australia, they have to possess a short-term long stay or permanent visa.

Workplace laws in Australia usually apply evenly to all people employed in Australia. Companies hiring international workforce must be certain that they comply with each Australian workplace laws and immigration laws.

Australian immigration laws – such as applying for and understanding the principles of valid work visas, as well as the requirement to pay industry wage charges for Subclass 457 visa holders – are enforced by the Department of Immigration and Citizenship. For further information on all visa requirements, go to Department of Immigration and Citizenship internet website or give them a ring.

Commonwealth workplace legal guidelines, such as the payment of bare minimum rates of pay as well as stipulations underneath awards and agreements, are enforced via the Fair Work Ombudsman. Under Commonwealth workplace laws, no worker over the age of 21 in the national workplace relations system might be rewarded under the minimum wage. The national minimum income order is determined by the Minimum Wages Panel inside Fair Work Australia, and it is intended as a safety net.

What exactly are bare minimum rights and conditions in the workplace?

From 1st January 2010, all personnel inside of the nationwide workplace relations structure receive 10 (ten) standard minimum entitlements referred to as the National Employment Standards (NES).

The NES involve:

– maximum weekly working hours
– requests for flexible working measures
– parental time off and various other entitlements
– annual time off work
– personal / carer’s time off and compassionate leave
– community work leave
– long service leave
– public holidays
– notice of termination and redundancy compensation
– provision of a Fair Work Information Record.

Your minimum rights and conditions while at work might be made by a official paper similar to award, an agreement, or a contract of employment. Question your employer which particular one pertains to you to learn how you might be impacted.

If an award or agreement do not apply, all employees inside of the countrywide workplace relations system would have standard minimum wage, conditions and protections within Commonwealth workplace laws.

When you are solicited to sign any form of document granting to particular work conditions, ensure you read through it very meticulously and comprehend it prior to signing. Keep a copy for your records. You mustn’t feel a lot of unnecessary pressure to sign any agreement with your boss. And if you do, get in touch with the Fair Work Ombudsman department.