International Students Working in Brisbane – Know Your Rights

International students are a vital part of Queensland’s workforce, contributing to sectors like hospitality, cleaning, construction, aged care, and delivery services. However, many international students are unaware that they have the same workplace rights as any other worker in Australia, regardless of visa status.

Understanding your rights is essential to avoid exploitation, underpayment, or unsafe working conditions.

Your Basic Work Rights Under Australian Law

All employees in Australia are protected under the Fair Work Act 2009 (Cth) and the Work Health and Safety Act 2011 (QLD). If you are working in Brisbane with a student visa, you are entitled to:

• The National Minimum Wage ($23.23/hour as of 2025)
• Superannuation
• A safe working environment, including access to proper training and safety equipment
• A written employment contract or agreement
• Regular payslips and payment for all hours worked (including overtime, weekends, and public holidays if applicable)
• Freedom to join a union or speak up about unsafe or unfair conditions without fear of losing your job

Legal Work Hours for Student Visa Holders

• While classes are in session: 48 hours per fortnight
• During official study breaks or holidays: Unlimited hours

Common Issues Faced by International Students

Despite these rights, many students face:

• Payment in cash without payslips (often under the legal wage)
• Pressure to work beyond the legal limit of hours
• Unsafe environments without adequate breaks, training, or protective gear
• Being dismissed or threatened for raising concerns about pay or safety

Types of Employment You Might Encounter

• Casual: Common in hospitality and retail. Offers flexibility and an additional 25% loading on the hourly wage, but no leave entitlements.
• Part-time/Full-time: Regular hours and benefits like annual and sick leave.
• Contractor/Gig worker: Paid per task, but no sick leave or superannuation unless you manage it independently. You must issue invoices and pay your own tax.

What To Do If You Experience Problems at Work

• Keep records of hours worked, communication with your employer, and copies of contracts or payslips
• Discuss concerns with your employer if you feel safe doing so
• Contact the Fair Work Ombudsman, your union, or community legal services such as Flexi Legal
• If you are in immediate danger or experience serious mistreatment, call 13 QGOV (13 74 68) or Lifeline Australia for support

At Flexi Legal, we offer guidance in Spanish, Portuguese, and English to help you understand your rights and take action.

International students are a vital part of Queensland’s workforce, contributing to sectors like hospitality, cleaning, construction, aged care, and delivery services. However, many international students are unaware that they have the same workplace rights as any other worker in Australia, regardless of visa status.

Understanding your rights is essential to avoid exploitation, underpayment, or unsafe working conditions.

Your Basic Work Rights Under Australian Law

All employees in Australia are protected under the Fair Work Act 2009 (Cth) and the Work Health and Safety Act 2011 (QLD). If you are working in Brisbane with a student visa, you are entitled to:

• The National Minimum Wage ($23.23/hour as of 2025)
• Superannuation
• A safe working environment, including access to proper training and safety equipment
• A written employment contract or agreement
• Regular payslips and payment for all hours worked (including overtime, weekends, and public holidays if applicable)
• Freedom to join a union or speak up about unsafe or unfair conditions without fear of losing your job

Legal Work Hours for Student Visa Holders

• While classes are in session: 48 hours per fortnight
• During official study breaks or holidays: Unlimited hours

Common Issues Faced by International Students

Despite these rights, many students face:

• Payment in cash without payslips (often under the legal wage)
• Pressure to work beyond the legal limit of hours
• Unsafe environments without adequate breaks, training, or protective gear
• Being dismissed or threatened for raising concerns about pay or safety

Types of Employment You Might Encounter

• Casual: Common in hospitality and retail. Offers flexibility and an additional 25% loading on the hourly wage, but no leave entitlements.
• Part-time/Full-time: Regular hours and benefits like annual and sick leave.
• Contractor/Gig worker: Paid per task, but no sick leave or superannuation unless you manage it independently. You must issue invoices and pay your own tax.

What To Do If You Experience Problems at Work

• Keep records of hours worked, communication with your employer, and copies of contracts or payslips
• Discuss concerns with your employer if you feel safe doing so
• Contact the Fair Work Ombudsman, your union, or community legal services such as Flexi Legal
• If you are in immediate danger or experience serious mistreatment, call 13 QGOV (13 74 68) or Lifeline Australia for support

At Flexi Legal, we offer guidance in Spanish, Portuguese, and English to help you understand your rights and take action.