Life in Australia Guide

The biggest reason people working on temporary visas put up with unpaid wages is the fear that 'if I report, my visa will be cancelled'. Exploitative employers weaponise exactly this fear — 'if you report me, I'll tell immigration', or 'you've breached your conditions too, you'll go down with me'. In Australia, however, every worker — regardless of visa type — has the same workplace rights as citizens, including the minimum wage and the NES (National Employment Standards), and there is even an official scheme protecting visa holders who cooperate with the Fair Work Ombudsman (FWO) to report exploitation. Knowing this is the first step to breaking the cycle of exploitation.

As at July 2026, two arrangements are in operation to protect temporary visa holders who report exploitation, and both are run by the Department of Home Affairs with the Fair Work Ombudsman (FWO) taking part as a certifying agency. The first, the Strengthening Reporting Protections Pilot, protects you — while you report the exploitation and work through it — from visa cancellation on the ground of a work-related visa condition breach connected to that exploitation (for example, an international student exceeding the work-hour limit). The second, the Workplace Justice visa (subclass 408), is a temporary visa that lets you stay in Australia longer while you resolve the matter. The Assurance Protocol that used to be pointed to — an arrangement between the FWO and Home Affairs — is paused while these two arrangements operate, and the FWO now directs people to the two above. In other words, the protection has not disappeared: the door to it has changed. The mix of arrangements can change, so before you report, check which one currently applies at fairwork.gov.au and immi.homeaffairs.gov.au.

What determines whether a report succeeds and how much unpaid wage you recover is your records. If your employer did not give you payslips, that is a breach in itself (see the payslip and wage-theft check guide for details), and in that case the FWO may treat the records a worker has kept themselves as important evidence. Start gathering the three things below, even from today.

• Records of hours worked — record dates, start and finish times, and breaks every day in a notebook, phone calendar or notes app (along with photos of your rosters)
• Pay documents — payslips, your employment contract, bank deposit records, and notes of the date and amount whenever you were paid in cash. If you never received payslips, record that fact itself
• Messages and emails — screenshots of conversations containing work instructions, wage promises, threats, demands for payment 'in exchange for sponsorship', or anything showing your passport was taken

These are four exploitation patterns frequently reported to the FWO and Home Affairs. If your situation looks like one of these, it is very likely exploitation — not 'just how things are'.

Choose your channel based on how serious the situation is and what you need. Whichever channel you use, starting is the hardest part — once you start, interpreting and support follow.

• Report to the FWO online — request assistance at fairwork.gov.au. If you are worried about being identified, an anonymous tip-off is also available, and it supports a number of languages other than English
• Phone advice — Fair Work Infoline 13 13 94. If English is difficult, call the interpreting service TIS National on 131 450 first and ask to be connected with a free interpreter
• If you are an international student — also use your institution's student support (international student support services). Reporting exploitation has nothing to do with your grades or enrolment status, and your institution has an obligation to advise and support you
• Serious exploitation (threats, passport confiscation, signs of forced labour or trafficking) — report to the AFP on 131 237 (131 AFP); victim support is provided through the Red Cross Support for Trafficked People Program (STPP)
• If you are worried about your visa — first discuss your individual situation with an OMARA registered migration agent (search at mara.gov.au) or your state's Legal Aid or a community legal centre

Misinformation is what stops people from reporting. Get the following five facts straight.

• 'Reporting always gets your visa cancelled' is not true — if you cooperate with the FWO, reporting protections are in operation under which your visa will not be cancelled solely for condition breaches connected to the exploitation. It is a conditional scheme, though, so do not mistake it for an 'absolute guarantee' either
• 'I was paid in cash, so I'm complicit and can't report' is a misconception — even if you were paid in cash, your right to claim unpaid wages is unchanged. If you failed to declare income, you can voluntarily correct it with the ATO
• 'Once I leave the job, I can't claim' is a misconception — you can still claim unpaid wages after leaving (generally within a 6-year time limit). That said, the sooner you start, while memories and evidence are fresh, the better your position
• Do not sign documents you do not understand — signing a 'full and final settlement' document can make further claims difficult. Get a translation and advice before you sign
• Official reporting comes before exposing it on social media — public call-outs can create defamation risk and disputes over evidence. Official channels such as the FWO and the AFP are better both for recovering your wages and for your own protection