Will my visa be cancelled if I report underpayment to the Fair Work Ombudsman?

No — the FWO states your visa won't be cancelled for contacting them or asking for help, and your employer cannot cancel a visa (only Home Affairs can). If you breached a work-related visa condition while being exploited, the Strengthening Reporting Protections Pilot means Home Affairs will not cancel your visa if the matter is certified by the FWO or an accredited third party and you meet the conditions. Checked August 2026.

What is the minimum wage for visa workers in Australia?

The same as for everyone else: the National Minimum Wage is $26.44 per hour ($1,004.90 per week) from 1 July 2026, and casuals get a 25% loading on top — $33.05 per hour. Visa holders and migrant workers have the same workplace rights as all other workers in Australia, even if they have breached a visa condition. Most jobs are covered by an award with higher rates.

Can I recover unpaid wages after my visa expires or after I leave Australia?

Underpayment claims have a 6-year time limit, and your Fair Work Act entitlements do not depend on your migration status — the FWO helps workers even where a visa has ended. The small claims court process covers underpayments up to $100,000. The Workplace Justice Visa Pilot (subclass 408, no application charge) can also let you stay 6 to 12 months to pursue a claim — apply while your visa has 28 days or less left, or within 28 days of it ceasing.

Is it legal for my employer to make me get an ABN?

If you work like an employee (set shifts, their tools, their control), calling you a contractor on an ABN can be sham contracting under sections 357-359 of the Fair Work Act, with penalties up to $546,000 per contravention for larger businesses. Using your visa status to pressure you into it is a criminal offence under the Migration Act (up to 2 years imprisonment). Call the Fair Work Ombudsman on 13 13 94.

Visa Worker Rights & Underpayment Checker

International students are underpaid an estimated $3 billion a year. Check your pay against the absolute legal floor ($26.44/hr, $33.05 casual from 1 July 2026), see whether sham ABN arrangements or missing super apply to you, and get the visa-safe reporting pathways — verified August 2026.

Last verified: 4 August 2026

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

Visa Worker Rights & Underpayment Checker

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