Australia’s workplace laws are designed to protect all workers, regardless of their nationality or visa status. However, international students often face unique challenges in the workplace, including the risk of exploitation. To address these concerns, the Fair Work Ombudsman (FWO) has launched a comprehensive campaign aimed at safeguarding the rights of international students and helping them understand and exercise their workplace entitlements.

The Need for a Targeted Campaign

International students play an integral role in Australia's economy, contributing significantly to various sectors, including hospitality, retail, and healthcare. Despite their importance, these students are sometimes vulnerable to exploitation due to their limited understanding of workplace rights and the complexities of Australian workplace law. Many face underpayment, incorrect deductions, and unjust treatment by employers unfamiliar with or dismissive of their rights.

The FWO campaign seeks to combat these issues by raising awareness among international students about their legal workplace entitlements. Through this initiative, the FWO encourages students to understand their rights and seek help when they suspect their employer is not meeting legal standards.

Key Focus Areas of the Campaign

The FWO’s campaign aims to empower international students with the knowledge they need to navigate workplace challenges and ensure they are receiving the fair treatment they deserve. The campaign encourages international students to:

1. Know Their Workplace Rights: Every worker in Australia, regardless of visa status, is entitled to certain protections under the Fair Work Act. This includes the right to be paid at least the minimum wage, to receive proper leave entitlements, and to work under fair conditions. The FWO's campaign highlights the importance of understanding these rights to avoid exploitation.

2. Seek Help if Needed: If international students feel they are being underpaid or mistreated, the FWO is available to provide assistance. The FWO offers a range of services to help students resolve workplace issues, including confidential reporting, support for wage disputes, and guidance on leave and termination rights. Importantly, students are encouraged to reach out without fear of visa cancellation, as their visa status will not be affected by making a complaint to the FWO.

3. Utilise the FWO’s Multilingual Resources: To ensure accessibility, the FWO provides resources in multiple languages, helping students from diverse backgrounds understand their rights. These resources are available through the FWO’s website and are designed to provide clear, actionable information to students who may not be fully fluent in English.

Campaign Resources: Case Studies and Educational Materials

As part of the campaign, the FWO has produced a variety of case study videos and an International Students Fact Sheet. These resources illustrate common workplace issues faced by international students and how the FWO can assist in resolving them. The case study videos feature real-life scenarios of students confronting workplace problems, such as underpayment or failure to receive leave entitlements, and demonstrate how they successfully accessed help from the FWO.

The International Students Fact Sheet provides essential information about common workplace rights, tips for identifying if an employer is breaching those rights, and a step-by-step guide on how to seek assistance.

The FWO’s Role in Protecting International Workers

The Fair Work Ombudsman is the key government agency responsible for ensuring compliance with workplace laws in Australia. Its role includes investigating workplace violations, offering advice to employees, and enforcing penalties for employers who exploit workers. The FWO operates with a focus on helping vulnerable workers, including international students, assert their rights in a fair and supportive manner.

Importantly, the FWO assures students that seeking help will not jeopardise their visa status. No student will have their visa cancelled for requesting assistance or reporting an employer. This assurance is crucial for students who might otherwise fear that seeking support would result in immigration consequences.

Real-Life Example: International Students and Workplace Exploitation

One common issue faced by international students is underpayment. Many students work in industries such as retail, hospitality, and agriculture, where wage theft can be prevalent. For example, Leon, an international student working in a restaurant, was told by his employer that he could only be paid for the hours allowed under his student visa (48 hours per fortnight), even though he worked additional hours. This scenario reflects a serious issue many students face, where employers take advantage of visa restrictions to limit their pay.

In cases like Leon’s, the FWO can intervene to ensure that students are paid correctly for all the hours they work. Through the FWO’s assistance, students can have their wages corrected, and any discrepancies can be addressed directly with the employer.

The Role of Employers in Ensuring Fair Treatment

Employers have a legal obligation to ensure that all workers, including international students, are paid correctly and treated fairly under the Fair Work Act. This includes complying with minimum wage laws, providing correct leave entitlements, and adhering to the rules regarding employment termination. Employers who fail to comply with these laws face penalties and legal consequences.

In extreme cases of employer exploitation, where employers are found to be engaging in systemic and deliberate breaches of the law, they may be banned from hiring migrant workers. This is part of the broader regulatory framework aimed at protecting vulnerable workers and ensuring that Australian workplaces remain fair and lawful.

How to Report Workplace Issues

International students who believe they are being exploited in the workplace are encouraged to report their concerns to the FWO. The FWO provides several ways for students to get in touch, including:

• Phone Support: Students can call the FWO’s helpline to speak to an advisor and receive assistance.

• Online Reporting: The FWO offers an anonymous reporting tool that allows students to report workplace violations without revealing their identity.

• Multilingual Assistance: The FWO offers assistance in multiple languages to ensure that students from various backgrounds can access support.

Students who are unsure about their rights can also refer to the FWO’s Pay and Conditions Tool, which helps them check whether they are being paid the correct wages for their role. The FWO also offers guidance on other workplace conditions, such as hours of work, breaks, and rosters.

Empowering International Students for a Fairer Workplace

The Fair Work Ombudsman’s campaign to protect international students from workplace exploitation is a critical step in ensuring that all workers in Australia are treated fairly and according to the law. By raising awareness about workplace rights and providing accessible support, the FWO is empowering international students to stand up for their entitlements and seek help when necessary.

Through its multilingual resources, educational campaigns, and dedicated support services, the FWO is helping to create a fairer and more transparent workplace environment for international students, ensuring they can focus on their studies and contribute to Australia’s economy without fear of exploitation.

FAQs

Q1: Will my visa be canceled if I report workplace issues? No, your visa will not be affected if you report workplace issues to the FWO. You can seek help without fear of jeopardising your visa status.

Q2: What should I do if I’m underpaid as an international student? You can contact the FWO for help in resolving pay discrepancies. The FWO can investigate the issue and ensure you are paid correctly for the work you’ve done.

Q3: How can I report workplace exploitation anonymously? You can use the FWO’s anonymous tip-off form or contact the FWO via their helpline. They will keep your information confidential.

Q4: What rights do international students have in the workplace? International students are entitled to the same workplace rights as all other workers in Australia, including minimum wage, leave entitlements, and protection from discrimination.

Q5: How can I find out if I am being paid correctly? You can use the FWO’s Pay and Conditions Tool to check if you are receiving the correct pay for your role.

For more information, visit the Fair Work Ombudsman’s website or call the helpline to speak with an advisor.