Backpacker and migrant worker rights in Australia

All people working in Australia, including visa holders and migrant workers, are entitled to the same workplace rights. We want everybody to enjoy their time working in Australia, so understanding your rights is important. This article examines the rights backpackers on working holiday visas and migrant workers have when working on Australian soil.

After a long stint of closed borders, working holiday visa-holders have started to trickle back into Australia. And while we welcome tourists and backpackers back with open arms, the numbers of migrant workers right now are still significantly lower than prior to the pandemic.

In order to fill some of the void left by backpackers, the government has introduced the Pacific Australia Labour Mobility (Palm) scheme to bring migrant workers from Pacific island countries to Australia. Unfortunately, this hasn’t come without its challenges and reports of poor working conditions and treatment have been common.

What do Visa holders and migrant workers rights include?

• General protections - including protections against discrimination and having the capacity under workplace law to make a complaint or inquiry in relation to your employment.
• Unfair dismissals - if your employment is terminated and the circumstances appear unfair, unreasonable or harsh, you may have a claim for unfair dismissal.
• Minimum wages - all employees working in Australia are entitled to a minimum wage. This is the minimum amount an employee can be paid for the work that they're doing and as of July 2022 is $21.38 an hour. 
• Working conditions - this includes things like a safe work environment, maximum weekly hours of work, overtime pay, and access to different types of leave for permanent employees.
• Superannuation - all workers in Australia who earn more than $450 per month, including casuals and permanent employees, are entitled to 10.5% superannuation. This must be paid into your nominated fund and it is illegal for employers not to. If you think you have unpaid super, read about how we can help.
• Payslips - all workers in Australia are entitled to receive a payslip each time they receive pay. It is illegal to not receive a payslip for work you have completed.