Moving to Australia for work is an exciting opportunity given its strong economy, vibrant cities, and high quality of life. However, despite strict labour laws, some workers—especially migrant workers, international students, and temporary visa holders—may still face exploitation in the workplace.
Understanding your rights as a worker is essential for ensuring fair treatment and avoiding potential exploitation. In this guide, we’ll help you recognise signs of workplace exploitation, understand your legal protections, and explain how to take action if you’re being treated unfairly. Remitly can support your transition to Australia by offering fast, reliable, and affordable money transfers.
Understanding and identifying workplace exploitation in Australia
Workplace exploitation occurs when employers violate their employees’ rights. In Australia, this can take many forms, including:
- Underpayment or non-payment: Not being paid correctly (includes training, overtime, or penalty rates), unauthorised wage deductions, or being wrongly classified as an independent contractor.
- Unsafe working conditions: Working in environments that don’t comply with health and safety regulations, or being asked to work in hazardous conditions that put your well-being at risk.
- Workplace harassment or discrimination: This covers sexual harassment, discrimination, or unfair treatment based on your identity or personal characteristics.
- Unfair dismissal or threats: This refers to being unfairly fired, forced to quit, or threatened with actions such as deportation or visa cancellation.
- Excessive working hours: Being forced to work beyond agreed or legal limits without proper compensation.
- Withholding personal documents: Employers confiscating passports or other personal documents to restrict your freedom and movement.
- Job scams or unlawful requirements: This includes being forced to make upfront payments for a job or having your workplace rights misrepresented.
- Union busting or suppression of rights: Being pressured not to join a union or refrain from exercising your workplace rights.
Legal framework and worker rights
The Fair Work system is Australia’s national workplace relations system, established by the Fair Work Act 2009. It sets out minimum employment standards, worker protections, and agencies that oversee both workers’ rights and employers’ responsibilities.
Key components of this system include:
- National Employment Standards (NES): These are the minimum employment entitlements that all employees in Australia are entitled to.
- Awards: These legal documents outline the minimum pay rates and conditions of employment in specific industries and occupations.
- National Minimum Wage: This establishes the base pay rate for employees who are not covered by an award or a registered agreement.
- Protection against unfair dismissal: The Fair Work Commission protects workers from being dismissed in a harsh, unjust, or unreasonable manner.
Australia’s workplace laws protect all workers, including expats and immigrants regardless of citizenship or visa status. This ensures all workers have the same basic rights and protections in the workplace.
Documenting and collecting evidence
To support your workplace exploitation claim, it’s important to collect as much evidence as possible. These will strengthen your case if you need to report the issue or seek legal assistance:
- Records: Keep copies of your pay stubs, timesheets, and any correspondence related to wages or employment conditions.
- Photos & videos: If you’re working in unsafe conditions, take photographic or video evidence to document the situation.
- Emails & messages: Save copies of emails, texts, or any other written communication that can support your case.
- Notes: Keep detailed notes of specific conversations with managers or supervisors, including dates, times, and main points discussed.
- Witness statements: If any colleagues have witnessed unfair treatment, ask them to provide statements that back up your account.
Having thorough documentation will make it easier to present your case and take the necessary steps to report workplace exploitation.
How to report an unfair workplace
Before officially reporting workplace exploitation, it’s often a good idea to try resolving the issue directly with your employer, provided you feel safe doing so. In many cases, the problem can be resolved quickly without formal action.
Steps to take before officially reporting
Check your rights and employment conditions
Make sure you fully understand your workplace rights. Double-check pay rates, leave entitlements, and other employment conditions to confirm if they align with legal requirements.
- Visit the Fair Work Ombudsman (FWO) website for information on wages, leave entitlements, and workplace safety.
- Contact the FWO to confirm your understanding of your rights and the law as it relates to your situation.
Communicate with your employer
Once you’re sure your rights are being violated, raise the issue with your employer. Open and direct communication can often resolve the issue, especially if your employer is unaware of the violation.
- Use the FWO’s online resources, which include step-by-step guides to help address common workplace problems.
- Prepare for the conversation by gathering relevant documentation and practising what you want to say. Choose a time to have an uninterrupted, calm, and professional discussion.
- After the conversation, follow up in writing to recap what was discussed and agreed upon.
Take further action
If the issue isn’t resolved, or if your employer refuses to acknowledge any wrongdoing, it’s time to escalate the issue. Your options include:
- Seeking help from an employee union
- Taking legal action through a small claims court
- Filing a complaint with the FWO
How to report workplace exploitation to the Fair Work Ombudsman
If the issue is still unresolved after talking with your employer, you can file a complaint with the FWO:
- Gather your documentation to support your complaint. In addition to the documentation outlined above, provide emails or records of conversations with your employer if you tried to resolve the issue with them directly.
- Submit your complaint online or by phone to the FWO.
- Choose how you want to proceed. You’ll have the option to either request assistance from the FWO to mediate, investigate, or seek advice on the issue to proceed independently.
After submitting your complaint, you can track progress through the FWO’s online portal, where updates and additional information will be provided.
Options for anonymous complaints
If you’re concerned about retaliation, you can submit an anonymous report to the FWO. While this option protects your identity, it may limit the FWO’s ability to fully investigate or resolve the issue. When submitting an anonymous complaint, provide as much detail as possible to ensure appropriate action can be taken.
The Role of the Fair Work Ombudsman
The FWO is governed by the Fair Work Act 2009 and is responsible for ensuring that employee’s rights are protected in the workplace. Their primary duties include educating both employers and employees about workplace rights and obligations, promoting compliance with Australian workplace laws, and investigating violations. When necessary, they take appropriate action against employers who breach employee rights.
The FWO works within 6 main areas:
- Pay and wages: The FWO ensures compliance with fair pay laws, including minimum wage, overtime pay, penalty rates, allowances, and bonuses. They also address underpayment and wage theft issues.
- Leave entitlements: The FWO ensures employees are granted leave entitlements, such as annual leave, sick leave, parental leave, and long service leave.
- Starting employment: They help you understand your rights when starting a new job, ensuring that your contract is fair and legally compliant.
- Employment conditions: The FWO monitors and enforces health and safety standards to ensure that your working conditions meet legal requirements.
- Workplace problems: The FWO supports employees by mediating conflicts related to bullying, harassment, discrimination, and unfair treatment.
- Ending employment: The FWO ensures that employees are not unfairly dismissed and are paid in accordance with legal requirements when their employment ends.
The FWO also offers accessible workplace resources, including tools to calculate pay rates, leave entitlements, awards, step-by-step practical guides, and online courses.
Proving your working rights in Australia
When applying for a job in Australia, you must prove that you are legally able to work in the country. Employers are required to verify the work rights of prospective employees, and failure to comply can result in penalties for employers.
You can legally work in Australia if you are:
- An Australian citizen
- An Australian permanent resident
- A holder of a valid visa with permission to work
Documentation and verification process
The Visa Entitlement Verification Online (VEVO) system can be used to check an individual’s right to work. Here is a breakdown of acceptable documents for proving your right to work in Australia:
- Australian or New Zealand Passport
- Australian birth certificate and photo identification
- Australian citizenship evidence and photo identification
- Certificate of status for New Zealand citizens in Australia and photo identification
- Certificate of evidence of resident status
- Foreign passport with a valid visa granting permission to work
Considerations for international and migrant workers
International and migrant workers may face unique challenges when proving their right to work. For example, certain visas may limit the number of hours or types of work you can do. Additionally, language barriers may make it difficult for international workers to understand documentation requirements.
Additional resources and support networks
If you’re facing workplace exploitation in Australia, there are several organisations and services that can provide support, advice, and legal assistance.
Organisations assisting workers in exploitation cases
- Australian Human Rights Commission (AHRC): If you believe you’ve experienced discrimination or harassment at work, you can file a complaint with the AHRC. They can investigate the issue, mediate a resolution, or take further legal action.
- Australian Red Cross Work Right Hub: Migrant workers can use this service to access information, support, and referrals. They offer confidential advice and can connect you with legal and social services to help with exploitation issues.
- Human Rights Law Centre: This organisation advocates for fair work conditions and provides legal assistance if you’re facing workplace exploitation, such as wage theft, discrimination, or unsafe working conditions.
- Immigration Advice and Rights Centre (IARC): If you’re experiencing visa-related exploitation or unfair treatment, the IARC offers free and low-cost legal advice to help protect your rights.
- Migrant Workers Centre: Based in Victoria, this organisation helps migrant workers understand their workplace safety and rights. They offer support for workplace issues and help overcome language barriers that may limit your access to information.
- Safe Work Australia: This organisation focuses on workplace health and safety. If you experience unsafe conditions, workplace injuries, or employer negligence due to safety regulations, you can report issues through your state’s Work Health and Safety regulator.
- Young Workers Advice Service: If you’re under 25, this service educates you on your rights to prevent wage theft, exploitation, and unsafe working conditions. They also provide legal advice and advocate on your behalf.
Community support options
- National Legal Aid: If you’re dealing with wage theft, unfair dismissal, or workplace discrimination, National Legal Aid can provide free or low-cost legal representation and advice. They can help you understand your rights and take action.
- Community Legal Centres (CLCs): CLCs offer free legal advice and representation, particularly for migrants, low-income earners, or those from non-English speaking backgrounds.
- National Association of Community Legal Centres (NACLC): This independent not-for-profit organisation offers free legal advice on workplace rights. Their website provides a directory of CLCs to help find services near you.
- Health and Safety Representatives (HSRs): If you’re experiencing unsafe working conditions or health and safety concerns, you can reach out to your HSR to understand your rights and take action.
FAQs
How do you report an unfair workplace?
There are several official organisations where you can report a workplace issue. Depending on the type of issue, here’s where to turn:
- Fair Work Ombudsman (FWO): For issues relating to underpayment, workplace exploitation, and workplace rights violations.
- Fair Work Commission (FWC): For issues relating to unfair dismissal, workplace disputes, and discrimination.
- Safe Work Australia: For issues relating to unsafe working conditions and workplace safety concerns.
- Australian Human Rights Commission (AHRC): For issues relating to workplace discrimination and harassment.
Can you make an anonymous complaint to Fair Work Australia?
Yes, you can submit an anonymous report online. When doing so, make sure you provide details such as the business name, workplace address, whether it’s a franchise, the industry, and relevant information about the employees involved.
What are the main issues the Fair Work Ombudsman can help with?
The Fair Work Ombudsman can help with the following issues:
- Pay and wages
- Leave entitlements
- Starting employment
- Employment conditions
- Workplace problems (including discrimination, bullying, etc.)
- Ending employment (including unfair dismissal)
How can I prove my working rights in Australia?
You can prove your right to work by providing documents such as a passport, visa, or a VEVO check.