Your Workplace Rights as a Sponsored Worker in Australia

Your rights apply regardless of visa status

The Fair Work system enforces workplace rights for everyone working in Australia, including temporary visa holders on sponsorship. Your employer cannot take away your rights because you're on a visa. The rules are the same whether you're a permanent resident, a citizen, on a temporary work visa, or any other visa category.

This is a critical point: being on a sponsored visa does not make you less protected by law. If your employer tries to tell you that visa holders have different or lower rights, that's incorrect. Report it to the Fair Work Ombudsman if you encounter this.

The national minimum wage

Australia has a national minimum wage set by the Fair Work Commission. This is the lowest amount an employer can legally pay you for ordinary hours of work. The minimum wage is reviewed each year and usually changes from 1 July.

We don't quote the specific figure here because it changes annually — check the current minimum wage at fairwork.gov.au. If your employer is paying you less than the current minimum wage, that's unlawful, and you can report it to the Fair Work Ombudsman.

National Employment Standards and awards

In addition to the minimum wage, you're also covered by the National Employment Standards (NES). These set minimum entitlements for all employees:
- Maximum weekly hours — typically 38 hours per week
- Leave entitlements — annual leave, personal/carer's leave, compassionate leave, and unpaid parental leave where applicable
- Public holidays — you must be paid if you work on a public holiday or given a day in lieu
- Notice of termination — your employer must give you notice before dismissing you; you're also entitled to notice before resigning
- Fair dismissal procedures — your employer must follow fair processes if they dismiss you

Most jobs in Australia are also covered by an award. Awards are industry- or role-specific agreements that set minimum pay rates and conditions above the National Employment Standards. For example, a nursing award sets minimum rates for nurses; a hospitality award sets rates for hospitality workers. Your employer should tell you which award (if any) applies to your role.

Superannuation contributions

Your employer must pay superannuation contributions into a super fund on top of your wages. Superannuation is a retirement savings system; these are additional payments the employer makes for your future, not part of your take-home pay.

Your employer must contribute at least the minimum super guarantee percentage of your ordinary time earnings (this percentage is set by law and reviewed regularly). Check the current rate at moneysmart.gov.au. This applies to you even if you're on a temporary visa; you cannot opt out, and it's not voluntary on the employer's side.

Protection from unfair dismissal

If your employer dismisses you unfairly, you have the right to claim unfair dismissal at the Fair Work Commission. Being on a visa does not remove this right. Unfair dismissal claims consider:
- Whether you were given a fair process before dismissal
- Whether the reason for dismissal was valid and proportionate
- Whether the employer followed the rules

If you've worked for your employer for at least 12 months, you can lodge a claim.

Protection from discrimination and harassment

You're entitled to work in an environment free from discrimination and harassment, regardless of visa status. This includes discrimination based on:
- Race, colour, or national origin
- Gender and pregnancy
- Age
- Disability
- Religious belief or activity
- Sexual orientation or gender identity

Your employer cannot treat you unfairly because you're on a visa, and they cannot harass or bully you because of your visa status. If this happens, report it to the Fair Work Ombudsman or lodge a complaint with the Australian Human Rights Commission.

What underpayment means and how to report it

Underpayment occurs when your employer pays you less than the legal minimum wage, fails to pay you the full award rate, or doesn't pay you correctly for leave entitlements or public holidays. This is unlawful, even if you've agreed to accept lower pay.

If you believe you're being underpaid:
- Gather evidence — keep payslips, timesheets, and notes of hours worked and pay received
- Contact the Fair Work Ombudsman — they investigate underpayment and can recover money owed to you. You can call them or report online; the service is confidential and free
- Get advice from a community legal centre — many provide free advice to workers on visa sponsorship

The Fair Work Ombudsman will not judge your visa status or report you to immigration authorities. Their job is to enforce workplace rights, and they help workers on visa sponsorship regularly.

Speak up if something feels wrong

Many visa holders are reluctant to raise concerns with their employer because they worry about their visa sponsorship. This is understandable, but it's important to know:
- Your employer cannot legally terminate your sponsorship as punishment for raising a legitimate workplace concern
- The Fair Work Ombudsman's investigation is confidential; you don't have to tell your employer you've reported them
- Getting advice early can prevent small issues from becoming serious

If you're uncertain whether something is right, reach out to the Fair Work Ombudsman or a legal adviser. It's always better to check than to wonder.

If your employer sponsors you, do they own your rights?

No. Sponsorship is about visa permission to work in Australia; it does not give your employer authority over your pay, conditions, or legal rights. You have the same rights as any other worker in Australia.

Can your employer threaten to cancel your sponsorship if you complain about pay?

No. This is called "migration threat" and it's illegal. If your employer threatens to withdraw sponsorship because you've raised a workplace issue, report it to the Fair Work Ombudsman or a legal adviser. Retaliation of this kind is taken seriously.

Do you still get super contributions if you're on a temporary visa?

Yes. Your employer must pay superannuation contributions regardless of your visa status. Superannuation is a legal entitlement, not optional. You can access it when you leave Australia (subject to the conditions of your superannuation fund).

What if your employer is not paying you the award rate?

That's underpayment, and it's unlawful. Contact the Fair Work Ombudsman with your payslips and evidence of hours worked. They'll investigate and work to recover money owed.

Can you claim unfair dismissal if you're on a temporary visa?

Yes, you can claim unfair dismissal if you've worked for your employer for at least 12 months and you believe you were treated unfairly. Your visa status doesn't affect your right to a fair process.

Is there a way to report underpayment without your employer knowing?

Yes. The Fair Work Ombudsman's investigations are confidential. You can report online or call them; they will not disclose your identity to your employer. Their role is to enforce workplace laws, and they help visa workers regularly.