Understanding Your Work Rights as an International Student

Understanding Your Work Rights as an International Student

I want to tell you something that took me too long to learn: the laws protecting Australian workers protect you exactly the same as they protect any Australian citizen. Your visa status, your English level, your need for the money — none of these things change your legal entitlements. Not even slightly.

I found this out the hard way.

My first job in Australia

Three weeks after arriving in Sydney to study at UTS, I got a job at a Vietnamese restaurant in Haymarket. I was thrilled. The owner was Vietnamese, spoke Mandarin (which I also speak), and seemed trustworthy. She told me the pay was $14 per hour cash — "that's the student rate," she said, "because you're still learning."

I accepted. I worked there for six weeks. I kept the shift notes in my phone because something felt off. I earned approximately $840 over those six weeks based on my notes.

The minimum wage at the time was $23.23 per hour. I should have earned more than $1,300, plus a 25% casual loading that would have brought it to $1,640 — for the same hours. Instead I got $840.

When I raised this, she told me I was lucky to have the job and that if I didn't like it I should leave. I left. And then I contacted the Fair Work Ombudsman.

What I did to recover my wages

The Fair Work Ombudsman (fairwork.gov.au) investigates unpaid wages and wage theft. The process: I submitted an online inquiry with my phone records showing hours worked, a description of the arrangement, and the employer's name and address. They contacted me within two weeks, took a formal statement, and commenced an investigation.

Four months later, I received $820 in recovered wages (the full underpayment minus a deduction the Ombudsman determined was contestable). The employer received a formal compliance notice.

None of this affected my visa. None of it affected my studies. I was protected under Australian law the entire time.

What you need to know before you start any job

The minimum wage is the floor, not the target. As of July 2024, the national minimum wage is $23.23/hour. Casual employees get an additional 25% loading, bringing it to $29.04/hour. Weekend and public holiday work is paid at penalty rates — typically 1.25–2.5x the base rate. Use the Fair Work Pay Calculator (calculate.fairwork.gov.au) to check what you should be paid for any role.

There is no such thing as a 'student rate', 'trial period', or 'cash discount' on wages. These are all fabrications used by unscrupulous employers to pay below legal minimums. They are illegal regardless of whether you agreed to them — you cannot legally agree to be paid less than minimum wage.

Keep records. Note your start and end times for every shift. Screenshot your roster. Keep your payslips (your employer must provide these within one business day of payday). These records are your evidence if you need to make a claim.

Your employer must pay your superannuation. This is 11.5% of your wages, paid into a super fund — separate from your wages. Check that it's appearing in your super account (check via myGov). Unpaid super is unfortunately common in hospitality and retail.

Resources if your rights are being violated

The Fair Work Ombudsman (1300 13 94) investigates wage theft and workplace issues — you can report anonymously. Your university's free student legal service can advise on your specific situation. The Young Workers Centre in Victoria (youngworkers.org.au) specifically supports young and migrant workers. The Retail and Fast Food Workers Union and United Workers Union accept international student members.

You do not have to accept being exploited because you need the money or are worried about your visa. The fear employers use to keep underpaid workers silent is their primary weapon. The law is on your side.