A major new report from the Migrant Justice Institute has revealed the shocking scale of worker exploitation facing temporary migrants in Australia, including international students.
The study, which surveyed around 10,000 migrants, found that two-thirds of migrant workers surveyed are being paid less than they are legally entitled to under Australian workplace laws. It also found that international students alone are collectively losing around $61 million in unpaid wages every week.
Compared to their 2016 study, common wage theft practices, such as being paid cash in hand, have dropped, however it appears they have been replaced with more evolved methods, such as incorrect or missing payslips, or unnecessarily engaging migrant workers under an ABN (being paid under an ABN means you can be paid as a contractor, rather than an employee, and is a way for businesses to appear ignorant to wage and super requirements).
International student working rights in Australia
International students in Australia are generally allowed to work up to 48 hours per week during semester, and unlimited hours during holidays (different rules may apply to master's and PhD students).
Employers must follow all Australian workplace laws. International students are entitled to:
- At least the minimum wage under the workplace laws
- Superannuation contributions if eligible (employees must earn a minimum of $450 per month to be paid ‘super’. International students can access their super when they return home).
- Correct payslips
- Breaks and penalty rates where applicable
- A safe workplace
Being paid in cash is legal, but does not remove any of these rights. Employers cannot legally pay anyone less because they are on a student visa.
For more information about your rights as a worker in Australia, visit the Fair Work Ombudsman.
Signs something might be wrong
Workplace exploitation can be more than just wage theft. Some warning signs include:
- Being paid below award rates (or under an outdated EBA – Employee Bargaining Agreement)
- Not receiving payslips
- Being asked to return part of your wages in cash
- Pressure to work beyond your visa limits
- Threats about reporting your visa status
- Unpaid “trial shifts” (most trial shifts should be paid at the award rate; see here for information on legal unpaid trials)
- Superannuation not being paid, despite meeting eligibility criteria
How to find support
If you think you are being underpaid or treated unfairly at work, you are not alone, and there are organisations that can help.
International students can seek support through:
- University support staff, student unions and university legal services
- Community Legal Centres (who can direct you to a free legal service in your area)
- Migrant worker support organisations
- State-based worker support services
Importantly, the Fair Work Ombudsman has arrangements in place to help protect vulnerable visa holders who report exploitation. The report has sparked renewed calls for stronger protections for migrant workers, including safer pathways for workers to report exploitation without fear, and expanded access to the Workplace Justice Visa (which allows recent temporary visa holders to stay in Australia to take legal action if they have been exploited at work).
