Unfair treatment or discrimination
If you’re feeling excluded or are being treated differently, you may be experiencing unfair treatment or discrimination. Discrimination based on age, gender, nationality, ethnicity, accent, cultural background or disability is illegal in Australia.
What to do
Your best first step is to report unfair treatment or discriminatory behaviour to your supervisor, manager or human resources (HR) department.
If they don’t address your concerns fully, or you don’t feel comfortable approaching them, you can reach out to the Fair Work Ombudsman. The ombudsman provides workplace advice in multiple languages and can guide you through resolving workplace issues.
Underpayment or exploitation
You’re also entitled to be paid fairly for your labour. This means receiving at least the national minimum wage or the appropriate minimum wage for your industry.
Underpayment can look like being paid less than your legal minimum wage, being asked to work unpaid overtime or being asked to perform tasks outside of your job description without additional compensation.
It is also illegal for your employer to ask you to work more than the 48 fortnightly hours allowed under your student visa work rights or to pay you in cash without a pay slip.
What to do
It’s important to know how much you should be getting paid, so make sure you visit the Fair Work website and find out the minimum wage for your industry or award. The Fair Work Pay Calculator can also help you figure out your entitlements.
Then, check your payslips regularly to ensure you’re receiving the right amount. If you suspect you’re being underpaid, contact the Fair Work Ombudsman for advice.
Workplace bullying or harassment
Working rights in Australia for international students also protect you from bullying and harassment in the workplace. This includes repeated instances of aggressive behaviour, inappropriate actions, peer pressure or anything else that makes you feel offended, unsafe or intimidated.
What to do
Keep a record of each instance of bullying or harassment and store it somewhere safe, preferably not on a work device. You should also report all instances to your manager, supervisor or HR representative.
If you’re not satisfied with their response, you can take your complaint to an external organisation, like the Fair Work Commission or SafeWork SA.
Unclear work hours or overworking
Your student visa working hours in Australia only allow you to work up to 48 hours per fortnight during study periods. Working more than this could risk your visa status, even if your employer asks you to.
Remember, your employer does not have the power to cancel your visa or report you to the Department of Home Affairs, even if you have breached your visa terms.
What to do
Make sure you understand your student visa work rights, and keep careful track of your working hours each fortnight to make sure you don’t go over. If you’re being scheduled for more hours than you’re allowed to work, speak to your employer directly.
Unclear expectations or communication
If you are unclear about the tasks, responsibilities or expectations of your role, you might feel confused or stressed. If communication is lacking, you may need to take extra steps to get the guidance and support you need.
What to do
The best person to speak to is your direct supervisor or manager. Ask them to provide regular feedback or a written clarification of your roles and responsibilities to help you better meet expectations.
