Workers' rights in Australia for visa holders: the pay, leave and help Pakistani workers can claim

Tips · 2026-10-21 · 10 min read

A Pakistani worker checks his phone on a bench outside a commercial kitchen in Perth after his shift.

Workers' rights in Australia for visa holders are the same as for everyone else at work. The Fair Work Ombudsman says visa holders and migrant workers have the same workplace rights and protections as all other employees, including pay, leave, protection from discrimination and final pay. So if you go from Pakistan on a 482 or any other visa with work rights, your employer must pay at least the legal minimum, give you pay slips and respect the National Employment Standards, and asking for help will not cost you your visa.

Your visa type does not shrink your rights

A temporary visa does not mean fewer protections. The law covers you because you are an employee, not because of your passport.

The floor is the National Employment Standards (NES): the minimum entitlements for all employees in the national workplace relations system. An award, a contract or an agreement cannot give you less than the NES, even if you signed something that says otherwise. You can read the full list on the Fair Work page on the National Employment Standards.

What a visa can limit is who you work for. Skills in Demand (subclass 482) holders may work only in the occupation they were nominated for and only for the nominating business (or, in some cases, an associated entity). That is a visa condition, not permission for the employer to underpay you. Our guide to the Skills in Demand (482) visa from Pakistan explains the visa side in full.

The pay and conditions you can check on your own

You do not need a lawyer to spot most problems. Compare your pay slip and roster with these minimums:

Right	What the rule says	How to check it
Minimum wage	From 1 July 2026, the National Minimum Wage is $26.44 an hour or $1004.90 a week, based on 38 ordinary hours	Divide your weekly pay by your ordinary hours
Award rate	Most employees' minimum is set by the award for their industry or job, and it may be higher than the National Minimum Wage; award rates rose by 4.75 per cent from 1 July 2026	Find your award on the Fair Work website and compare your classification
Casual loading	25 per cent for award and agreement free casual employees	If you are casual, your hourly rate should include it
Hours	A maximum of 38 hours a week, unless the employer asks you to work reasonable extra hours	Keep your own record of start and finish times
Annual leave	4 weeks paid a year for full-time and part-time employees; casuals do not get paid annual leave	Your pay slip or payroll app should show your balance
Sick and carer's leave	10 days paid a year for full-time employees, pro-rata for part-time; casuals get 2 days unpaid carer's leave per occasion	Ask payroll for your balance in writing
Pay slips	Must be given within 1 working day of pay day, on paper or electronically	No pay slip is a warning sign in itself
Superannuation	The super guarantee rate is 12.00% from 1 July 2026 to 30 June 2027	Check the super line on each pay slip

For a sense of scale, $1004.90 a week is roughly Rs. 194,000, using the State Bank of Pakistan's mark-to-market rate for the Australian dollar published for 7-Oct-26. It is a rough comparison only: rates change, and living costs in Sydney or Perth are far higher than in Lahore or Karachi.

To see how the minimum wage compares with what the Pakistan-born community in Australia actually earned at the last Census, and with the salary floor for sponsored jobs, read our breakdown of Pakistani salary in Australia in rupees.

Fair Work says most annual minimum wage changes start from the first full pay period on or after 1 July. If your rate did not move after that date, ask why. The award matters most in industries such as hospitality: if you take a role like this pizza chef job in Perth, look up your award classification before your first shift, not after your first pay.

The full list is on the Fair Work minimum wages page. For how the minimum wage compares with the 482 salary floor, see PinoyAbroad's breakdown of the minimum wage and 482 pay floor.

Money you should never pay an employer

Exploitation often begins with money moving the wrong way. The law is clear on each of these:

Sponsorship costs. The sponsoring employer must pay all costs of becoming a sponsor and nominating you, and cannot pass them on to you or your family. The Skilling Australians Fund levy cannot be passed on either.
Paying for sponsorship. Home Affairs says it is illegal to pay an employer to sponsor you for a visa, including through salary deductions, and it can lead to visa refusal or cancellation, fines or imprisonment.
Cashback. An employer who unreasonably requires you to pay them back in exchange for the job is running an illegal cashback scheme.
Endless unpaid trials. An unpaid trial may be unlawful if it lasts longer than needed to show your skills (from an hour to one shift, depending on the work), goes beyond a skills demonstration, or is not directly supervised.

Pressure to pay often starts in Pakistan, long before the flight. Our guide on paying money for a job abroad explains which payments are lawful under the Emigration Ordinance, 1979 and which are not.

What an employer cannot do with your visa

The threat workers hear most is "complain and I will cancel your visa". It is not true. An employer cannot cancel a worker's visa: only the Department of Home Affairs can grant, refuse or cancel visas. The Fair Work Ombudsman says plainly that contacting it will not get your visa cancelled.

If an employer uses your visa as a threat, write down what was said, when and by whom: it is part of your evidence.

The Fair Work page for visa holders and migrants sets out these protections in one place and is worth saving on your phone.

Before you leave Pakistan: protect yourself on paper

Some of your best protection is set up at home. Under the Emigration Ordinance, 1979, you appear before the Protector of Emigrants (PE) before you emigrate, and the Foreign Service Agreement (FSA) is the worker-employer contract the PE countersigns. Keep a copy you can reach from Australia.

Registration also brings insurance. OP&HRD's BE&OE FAQ says the compensation for death or disability is Rs. 1 Million with valid insurance, that the insurance must be renewed after two years at the relevant Protector of Emigrants office or Pakistan Embassy, and that nothing is paid if it was not renewed. Pakistanis who went abroad on a protected work visa through the Protectorate, BE&OE or OEC are also registered automatically with the Overseas Pakistanis Foundation (OPF).

A visit visa sold as a work route skips all of this, which is one reason our post on going abroad on a visit visa to work warns against it. And before you accept any offer, learn the red flags of a fake interview scam: a fake employer cannot give you a real job with real rights.

Step by step: what to do if you are underpaid or mistreated

Keep your own records. Write down your start and finish times daily, and save rosters and messages.
Check your pay slip. In Australia wages are usually paid into your bank account with a pay slip showing earnings, tax paid and super. Compare it with the table above and your award.
Raise it in writing. Send your manager or payroll a short message with the dates and the amount missing. Keep the reply.
Call the Fair Work Ombudsman. Call 13 13 94. For help in Urdu or another language, call the Translating and Interpreting Service on 131 450 first and ask them to call the Fair Work Ombudsman for you.
Tell the authorities at home if a recruiter was involved. OP&HRD's Complaint Resolution System takes complaints by email (ac.complaint@ophrd.gov.pk, ds.complaint@ophrd.gov.pk), by phone on 051-9208581, 051-9201097 or 051-9201096, in person in Islamabad, or through the Pakistan Citizen's Portal. Details are on the OP&HRD complaints page.
Report fraud. If someone in Pakistan took money for a fake job, report it to the Federal Investigation Agency at complaints@fia.gov.pk or through complaint.fia.gov.pk.

OP&HRD's welfare officers in Pakistani missions abroad carry the title Community Welfare Attaché (CWA). Ask the Pakistani mission covering your city whether a CWA can support your case.

Common mistakes Pakistani workers make in their first months

Accepting cash with no pay slip. The law requires a pay slip within 1 working day of pay day; without one you have no record of tax or super.
Paying part of the salary back "for the visa". This is illegal cashback, and paying for sponsorship can also put your own visa at risk.
Staying silent out of fear for the visa. Your employer cannot cancel it.
Working weeks of "trial" for nothing. A lawful unpaid trial is short and supervised; long unpaid trials may be unlawful.
Letting the BE&OE insurance lapse. It must be renewed after two years, and no compensation is paid on lapsed insurance.
Delaying the tax file number. Temporary visitors with work rights can apply online through the ATO's Individual Auto-Registration system at no cost, and the TFN should arrive within 28 days.

If you decide to move to another employer

On a 482 you can work only for the business that nominated you, so read the official visa conditions before you resign, and get any new offer in writing first.

Build AI CV can help you update your English CV with your Australian experience. Optional: a verified Talent Tabloid profile lets employers check your experience and can help your application stand out.

Browse our community services jobs in Australia and New Zealand.

Frequently asked questions

Do visa holders in Australia get the same minimum wage as Australians?

Yes. The Fair Work Ombudsman says visa holders and migrant workers have the same workplace rights as all other employees, and that includes pay. From 1 July 2026 the National Minimum Wage is $26.44 an hour, and the award for your job may set a higher rate.

Can my employer cancel my visa if I complain about my pay?

No. An employer cannot cancel a worker's visa: only the Department of Home Affairs can grant, refuse or cancel visas. The Fair Work Ombudsman also says that contacting it will not get your visa cancelled.

Can I get help from the Fair Work Ombudsman in Urdu?

Yes. Call the Translating and Interpreting Service on 131 450, ask for an interpreter in your language and ask them to call the Fair Work Ombudsman on 13 13 94.

Is it legal for my sponsor to take back part of my salary?

No. Cashback schemes, where an employer unreasonably requires a worker to pay them in exchange for a job, are illegal in Australia. Home Affairs also says paying an employer to sponsor you, including through salary deductions, is illegal and can lead to visa refusal or cancellation.

Who can I contact in Pakistan if my overseas job goes wrong?

OP&HRD's Complaint Resolution System takes complaints by email at ac.complaint@ophrd.gov.pk or ds.complaint@ophrd.gov.pk, by phone on 051-9208581, 051-9201097 or 051-9201096, or through the Pakistan Citizen's Portal. Recruitment fraud can also be reported to the FIA at complaints@fia.gov.pk.

Key takeaways

Visa holders have the same workplace rights as every other employee in Australia.
From 1 July 2026 the minimum is $26.44 an hour, and your award may set more.
Never pay for sponsorship or hand wages back: both are illegal.
Your employer cannot cancel your visa; call 13 13 94, or 131 450 for an interpreter.
Renew your BE&OE insurance after two years and keep your FSA within reach.

#workers rights #visa holders #fair work #minimum wage australia #underpayment #pakistani workers