Know Your Work Rights: A Guide to Fair Pay and Conditions for International Students in Australia

For many international students, working part-time is an important way to earn extra income and gain valuable experience while studying. However, not all students are aware of their workplace entitlements. Knowing the basics of international student work rights in Australia will help you feel more confident, avoid unfair treatment and make sure you are paid correctly.

Why Knowing International Students' Work Rights is Important

Unfortunately, some international students face underpayment or unfair treatment because they are not familiar with local laws. By understanding your work rights, you can identify when something is not right and take steps to address it. Awareness is your best protection against exploitation.

Minimum Pay and Wages in Australia

All workers in Australia, including international students, must receive at least the national minimum wage. This rate is reviewed each year and may vary depending on the industry you work in or whether you are employed casually or part-time. Always check the Fair Work Ombudsman website for the current rate. Knowing this rule is a key part of understanding international student work rights in Australia.

Maximum Hours and Rostering Rules

International Student Work Limits

Student visa holders are usually limited to a set number of work hours during study periods, although these rules can change. It is important to stay up to date with your visa conditions so you do not unintentionally breach them.

Overtime and Penalty Rates

If you find yourself working on weekends, public holidays, or during hours that extend beyond the typical workday, you might be eligible for extra compensation known as penalty rates. These rates are designed to reward employees for their commitment during less conventional hours and can vary significantly depending on the industry you work in and the specific nature of your job. Understanding these rates is important, as they reflect the added value of your time and effort outside standard working hours.

Rest Breaks

Most jobs include rights to rest breaks and meal breaks during shifts. The exact entitlements depend on your award or agreement, but employers must allow reasonable breaks to protect worker wellbeing.

What Employers Can and Cannot Ask From You

An employer should never ask to keep your passport, visa documents or identification. If this happens, it is a red flag that your work rights are not being respected. Additionally, some industries allow short unpaid trials so an employer can see if you are suitable for the role. However, these should be limited to a brief demonstration of skills. If you are performing normal work tasks or spending several hours on a shift, you should be paid.

What to Do If You Experience Exploitation

Start by Talking to Your Employer

Sometimes issues such as missing hours on your timesheet or errors in your paycheck can arise from simple mistakes. When faced with these issues, approaching your employer directly can be an effective first step. Engaging in a clear and open conversation can help clarify the situation and lead to a prompt resolution.

Seek Help from the Fair Work Ombudsman

If you find that your workplace issues remain unresolved, it’s important to know that you can reach out to the Fair Work Ombudsman. This government agency is dedicated to helping individuals understand their rights and responsibilities at work. 

They offer free information and resources, and they have the authority to investigate cases related to underpayment or instances of unfair treatment in the workplace.

Get Support from Student Unions or Legal Services

Additionally, you can seek support from student unions and legal services available at your university. Many universities and student associations provide free advice and resources tailored to the unique challenges faced by students. Furthermore, community legal centres are excellent resources for international students, offering assistance with various workplace issues and ensuring that your rights are protected.

Finding the right balance between studying and working is a crucial aspect of life for many international students in Australia. However, it's essential to ensure that this balance does not compromise your rights or fair treatment in the workplace. 

By becoming well-informed about your work rights as an international student in Australia, you can safeguard your interests, earn a fair wage with confidence, and dedicate your efforts to your education without unnecessary worry. Understanding these rights empowers you to navigate the complexities of work while prioritising your academic goals.

Are you an international student trying to get your application approved and secure your home in Australia? Let our team guide you!

Disclaimer: The information in this article is for informational purposes only and should not be taken as legal, financial, or professional advice. Rental laws and market conditions may change, so we encourage readers to check details independently. Find My Home is not a real estate agency, and while we aim to support renters throughout the process, we cannot guarantee property approvals. If you have any questions, please email us at info@findmyhomeaus.com.