Foreign Workers on 457 Visas

Australia is a nation of migrants and welcomes diverse cultures. Workplace laws are enforced to protect foreign workers in Australia and thus employers engaging foreign workers must ensure that they comply with both Australian workplace laws and immigration laws. In order to work in Australia, foreign workers must have a temporary long stay or permanent visa.

All people working in Australia, including foreign workers, are entitled to basic rights and protections in the workplace. 457 visa holders, migrant workers and international students have their rights and entitlements protected by National Employment Standards.

Should I make an application under the Fair Work Act 2009 (Cth)?

The Fair Work Act 2009 (Cth) protects employees against unlawful workplace practices which include unlawful discrimination or adverse action taken for a prohibited reason, such as exercising a workplace right or being underpaid.

Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of their race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion or social origin.

Further, employees cannot be subjected to adverse action because they exercise a workplace right. This may be a right to the working conditions described above, to workers compensation payments, or the right to make a complaint or commence proceedings.

Your employer cannot cancel your visa

Only the Department of Immigration and Border Protection can grant, refuse or cancel visas. Visa cancellation is not automatic in circumstances where a visa holder has breached their visa conditions. If you are under consideration for visa cancellation, you will have the opportunity to provide reasons as to why your visa should not be cancelled.

Under the 457 visa you are allowed to be unemployed for a period of up to 90 days. If you are not working whilst your claim is being processed, you will need to contact the Department of Immigration and Border Protection to ensure that you are not in breach of your visa conditions and do not face risk of deportation.

If you feel that you have been unfairly treated or exploited because you are a foreign worker, we recommend seeking legal advice. McDonald Murholme provides successful legal strategies to foreign workers to ensure they are treated respectfully in the workplace at an affordable cost.

Call 03 9650 4555 to find out how McDonald Murholme can help you.

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  • July 2020

    I wouldn't hesitate to recommend McDonald Murholme. From the initial consultation, right through to the resolution process, the entire team was supportive, knowledgable and approachable and made what can be a difficult situation much easier. Specifically Trent and Alexandra provided a high level of service, and engaged with me in a very personable manner. I am extremely satisfied with the service I received.
  • July 2020

    I couldn't recommend the team from McDonald Murholme more. Mr Sam Nottle was efficient, professional and achieved a wonderful result. If you are questioning whether to go ahead with an employment matter legally, I would urge you to do so. The team at McDonald Murholme made the process easy & reduced all of my anxiety and stress. Thank you again, Mr Nottle & team, I can't express my appreciation enough.
  • June 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.
  • May 2020

    Extremely happy with the service received from all the staff members i had to deal with. The lawyer allocated for my case (Michael Kriewaldt) was extremely professional and handled the case very smoothly. Highly recommend their services.
  • May 2020

    I found Arthur Hambas & Katherine Boyles extremely professional & compassionate in my dealings with them. After telling Arthur that I felt the details surrounding my redundancy felt wrong he took on my case & secured me a better payout from my employer. I would not hesitate to recommend Mcdonald Murholme to anyone that has a feeling that something isn't quite right. I greatly appreciate everything you did.
  • April 2020

    The solicitors at the firm were very prompt and actioned my complaint against my employer very quickly. I obtained the result I wanted, in fact, I got a better result than what I had originally asked for. I was very pleased with the results and would highly recommend McDonald Murholme.
  • March 2020

    I would like to say that McDonald Murholme have treated me with nothing but professionalism and also great service. Trent, a principal in the firm is attentive to your needs and will ensure your case is handled with care and mindful consideration to all parameters involved.

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