Balancing Study and Work

Australia is a leading destination for international students, offering prestigious universities and excellent quality of life. Work experience complements your studies and enhances future career prospects, whilst understanding employment regulations and visa compliance is essential. This guide outlines your rights and responsibilities.

Workplace Rights and Protections

As an international student in Australia, you have the same workplace rights as Australian workers, ensuring fair treatment regardless of citizenship status.

Core Legal Entitlements

• Fair Compensation: Minimum wage ($23.23 per hour as of July 2023), with industry-specific awards potentially offering higher rates.
• Superannuation: Employers must contribute 11% of your earnings to a superannuation fund if you earn over $450 per month from a single employer.
• Documentation: Employers must provide detailed payslips within one working day of payment.
• Safe Working Environment: You have the right to refuse unsafe work without penalty.
• Protection Against Discrimination: Australian law prohibits workplace discrimination based on nationality, race, religion, gender, age or disability.
• Leave Entitlements: Casual employees receive a higher hourly rate instead of paid leave. Part-time or full-time employees are entitled to paid annual leave, sick leave and public holidays.

Working Hour Regulations

Adhering to work hour limitations is essential for maintaining your student visa status.

• Term-Time Work Limits: You can work up to 48 hours per fortnight during academic terms.
• Research Student Exemption: No restrictions on working hours for PhD or Master’s by research students.
• Holiday Period Work: Unlimited hours during scheduled academic breaks.
• Pre-Course Work Restrictions: You cannot commence work until your course has officially begun, even if you arrive in Australia earlier.
• Confirmation of Enrolment (CoE): As of January 1, 2025, all onshore student visa applicants must provide a Confirmation of Enrolment (CoE) at the time of application. Letters of Offer are no longer accepted for onshore applications.
• Financial Capacity: As of May 10, 2024, the financial capacity requirement for student visas is AUD 29,710 per year.
• English Language Proficiency: The minimum IELTS score (or equivalent) for a student visa has increased to 6.0.

Workplace Exploitation Prevention

International students may be vulnerable to exploitation due to limited knowledge of local employment laws. Being aware of warning signs helps you protect yourself.

Warning Signs

• Cash Payments: Legitimate employers pay electronically with proper documentation. Cash payments often indicate tax avoidance.
• Below-Minimum Wage Offers: Any job offering less than the legal minimum wage is operating illegally.
• Passport Retention: No employer has the right to hold your passport or identity documents.
• Excessive Hours: If an employer pressures you to work beyond visa limitations, they are putting your visa status at risk.
• Missing Superannuation: Check your pay statements to ensure superannuation contributions are being made if you are eligible.

Addressing Unfair Treatment

The Fair Work Ombudsman (FWO) is Australia’s workplace rights regulator and provides free assistance to all workers, including international students:

• Confidential Advice: The FWO can provide guidance without reporting to immigration authorities.
• Dispute Resolution: They can help mediate disputes with employers over pay, conditions or unfair treatment.
• Language Support: Assistance is available in multiple languages through the Translating and Interpreting Service.
• Online Resources: Their website features calculators to verify correct pay rates and templates for addressing workplace issues.

Our Support Services

Navigating work and study requirements simultaneously can be complex, especially in a foreign country. At This is Australia, our team of registered migration agents and education consultants specialises in supporting international students.

• Visa Compliance Guidance: We provide clear, up-to-date information on work restrictions specific to your visa type and course of study.
• Employment Rights Workshops: Regular sessions explaining your workplace entitlements and how to address potential issues.
• Documentation Review: We can examine employment contracts and payslips to ensure they meet legal requirements.
• Referral Network: Access to trusted legal resources if you encounter serious workplace issues requiring specialised assistance.
• Career Development Support: Guidance on finding course-relevant employment that enhances your studies and future career prospects.

Contact This is Australia today or call us at +61 (0)7 5592 0755 to schedule your personalised consultation. Our expert team is committed to helping you maximise both your educational and professional opportunities during your time in Australia.