Your employment rights in Australia
International students will be pleased to know that their employment rights are high on the Australian Government’s list of priorities.
A Victorian employer was fined $150,000 in April for exploiting six international student employees from India and Zimbabwe, who were awarded $90,000 in back-pay after being paid at half the rate they were entitled to for the majority of their shifts.
The Minister for Tertiary Education, Senator Chris Evans, said that this “sends a strong message to unscrupulous employers that exploitation will not be tolerated… International students, and any foreign worker, are afforded the same protections against exploitation as Australian workers”.
Student visa holders are able to work for 20 hours per week during semester and unlimited hours in semester breaks, giving international students a great opportunity to support themselves through university, meet new friends and practice their English language skills.
While taking on employment in Australia is an excellent experience, and a necessary one for many students who need to fund their living expenses, it is important to be aware of your employment rights in Australia and to make sure that your employer is respecting them.
It can be difficult for some international students to recognise their rights, especially the amount they should be paid, when the employment laws and language in Australia differ from those in their home country.
If you feel like you are being treated unfairly by your employer it is important to pursue justice and compensation through the correct avenues. The Fair Work Ombudsman is the place to contact for more information or to make a complaint; see their website at www.fairwork.gov.au or click here to view their international student information sheet.
This crackdown on employment rights reflects the Australian Government’s new initiatives to protect the welfare of international students studying in Australia.
The April 2011 amendment of the Education Services for Overseas Students (ESOS) legislation, for example, aims to ensure the quality of the education delivered to international students by Australian educational providers.
In addition, the government's 2010 International Students Strategy for Australia, outlines 12 strategies for ensuring the wellbeing and educational experience of international students.
The main thing to remember is not to be anxious about working in Australia while you are studying — just be aware of your rights and make sure that you take advantage of the help that is at hand.
