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This material is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. This is not legal advice.
National Employment Standards
The National Employment Standards (NES) are 11 minimum employment entitlements that have to be provided to all workers in the national workplace relations system. All workers in Australia are national workplace relations system workers unless they are self-employed or work for a government body. Australian workers, including visa holders, migrant workers, and Australian citizens are entitled to the same National Employment Standards.
National Employment Standards set out minimum entitlements in relation to the following:
You can find more information on each of the standards via this link: https://www.fairwork.gov.au/employment-conditions/national-employment-standards#nes-entitlements
When you start a new job, your employer is required by Australian workplace laws to provide you with a copy of a Fair Work Information Statement, which is a document with important information about your rights at work.
You can find the Fair Work Information Statement via this link: https://www.fairwork.gov.au/sites/default/files/migration/724/Fair-Work-Information-Statement.pdf
If you are a casual worker, your employer is also required to provide you with a copy of the Casual Employment Information Statement, which has important information about what it means to be a casual worker and how you can become a permanent worker.
You can find the Casual Employment Information Statement via this link: https://www.fairwork.gov.au/sites/default/files/migration/724/casual-employment-information-statement.pdf
It is important to check the requirements of your visa to confirm if you are allowed to work in Australia, and any conditions your visa may have. For example, some visas require minimum working hours to be completed each week, while some visas set a maximum of hours that can be worked each week. Regardless of what your visa requirements are, you are still entitled to the National Employment Standards.
You should contact a registered Migration Agent if you have questions about your visa conditions. The Office of the Migration Agents Registration Authority (OMARA) website has a list of registered Migration Agents at the following link:
https://portal.mara.gov.au/search-the-register-of-migration-agents/
You can check the working conditions of your visa at the following link: https://online.immi.gov.au/evo/firstParty?actionType=query
Migrant workers are at a higher risk of experiencing workplace exploitation. This is because of a number of factors including fear of loss of income, lack of knowledge about Australian workplace laws, and fear of possible immigration consequences if they report breaches of Australian workplace laws. Some high risk industries with high rates of migrant exploitation are construction, agriculture and hospitality.
Workplace exploitation involves employers not complying with the minimum legal entitlements of their workers. Some signs of workplace exploitation include the following:
Migrant workers are often concerned that they will lose their visa if they report their employer’s conduct when it falls below the National Employment Standards. The assurance protocol is an arrangement between the Department of Home affairs and the Fair Work Ombudsman (FWO) to support visa holders who approach the FWO for help if they have breached their work-related visa conditions because of workplace exploitation. This protocol was set up to encourage migrant workers to seek help when being exploited without the fear of their visa being cancelled.
The following Visa subclasses are eligible for the Assurance Protocol:
For more information on your rights as a Migrant Worker, please visit https://immi.homeaffairs.gov.au/visas/working-in-australia/work-rights-and-exploitation
For more information on Wage Theft, please visit:
https://wwcsa.org.au/campaigns/ending-wage-theft/
For more information about when it is appropriate for a worker to have or use their ABN in the workplace, please visit: How to spot a Sham Contract in a Job Advertisement. – Working Women’s Centre | Working Women’s Centre (wwcsa.org.au)
