Students: Know your rights at work

Rising Stakes for Student Workers

International students working in Australia enjoy identical workplace rights and protections under the Fair Work Act as domestic employees, including minimum wages, penalty rates, rest breaks, and safeguards against discrimination or unfair dismissal. These entitlements apply regardless of visa status, enforced by the Fair Work Ombudsman, an independent government agency.

Yet exploitation persists, particularly among international students who often work in hospitality, retail, or casual roles to cover high living costs and tuition. Underpayment, excessive hours, and pressure to accept substandard conditions occur frequently, compounded by language barriers, fear of visa repercussions, and limited awareness of recourse options.

The current work cap stands at 48 hours per fortnight during study periods for Student visa (subclass 500) holders, with unlimited hours during breaks. A government proposal to lift this to 60 hours per fortnight from 1 July 2026 seeks to provide greater flexibility for managing expenses in a high-cost environment. If enacted, this change would allow roughly 30 hours weekly during terms, potentially easing financial strain but also increasing exposure to workplace issues if protections are not well understood.

Stricter compliance monitoring and data-sharing between agencies in 2026 mean breaches of work-hour limits or other visa conditions risk visa cancellation, affecting future migration pathways. Meanwhile, the Fair Work Ombudsman's ongoing efforts, including targeted campaigns and free resources, aim to bridge knowledge gaps before the proposed changes take effect.

Tensions arise between enhanced earning potential and the risk of overwork detracting from studies or leading to further exploitation, especially since many students rely on part-time jobs for survival. Non-obvious angles include the dual pressure: employers sometimes exploit perceived vulnerability, while students may hesitate to assert rights fearing job loss or immigration trouble.