Moving to a new country and entering the workforce is a major milestone, but it also comes with the challenge of navigating a complex legal landscape. For the Russian-speaking community in Brisbane and across Australia, understanding employment rights in Australia is essential to ensuring fair treatment, correct pay, and protection against workplace exploitation.
At Pravoconsult, we help Russian-speaking Australians understand their legal rights and navigate workplace-related issues. This guide provides an overview of the Australian employment system, including the Fair Work Ombudsman, minimum wage requirements, workplace protections for migrants, and your rights if you face dismissal.
What is the Fair Work Ombudsman?
The Fair Work Ombudsman (FWO) is an independent Australian Government agency responsible for promoting compliance with workplace laws, including the Fair Work Act 2009.
The FWO provides information about employment rights and obligations, investigates certain workplace complaints, and can take enforcement action against employers who breach workplace laws.
Key things to know about the FWO:
- Independent Regulation: The FWO is a government regulator, not a trade union or a private legal service. It helps employees and employers understand their rights and responsibilities.
- Free Resources: The FWO provides free information about minimum wages, leave entitlements, employment conditions, and workplace protections.
- Language Support: Information and assistance are available in multiple languages. If you need help in Russian, contact the Translating and Interpreting Service (TIS National) on 13 14 50 and ask to be connected to the Fair Work Infoline on 13 13 94.
- Protection for Migrant Workers: Migrant workers generally have the same minimum workplace rights as other employees in Australia, regardless of their citizenship or visa status.
For additional information, visit the official Fair Work Ombudsman website.
Workplace Rights for Visa Holders and Migrants
Australian workplace laws generally protect all employees working in Australia, including temporary visa holders, international students, and other migrant workers.
Your employer cannot take away your minimum workplace rights simply because you hold a temporary visa or have limited English-language skills.
Importantly, your employer cannot cancel your visa. Only the Australian Department of Home Affairs has the authority to grant, refuse, or cancel visas.
Contacting the Fair Work Ombudsman to ask about your pay or workplace rights does not, by itself, provide grounds for cancelling your visa.
However, visa holders must continue to comply with Australian immigration laws. Breaching visa conditions may have immigration consequences, depending on the circumstances.
The Australian Government has introduced additional protections through the Strengthening Reporting Protections Pilot and the Workplace Justice Visa Pilot. These programs are designed to help eligible temporary visa holders report workplace exploitation and seek assistance.
Eligibility requirements and conditions apply, so these protections should not be interpreted as a guarantee against visa cancellation in every situation.
If you are concerned about workplace exploitation or threats involving your visa, seek appropriate workplace and immigration advice before making important decisions.
Learn more about visa protections for migrant workers.
Understanding the National Minimum Wage
Regardless of your nationality or visa status, you are entitled to the minimum pay rate applicable to your employment under Australian workplace laws.
As of October 2026, the National Minimum Wage, effective from the first full pay period starting on or after 1 July 2026, is:
- Full-time/Part-time Employees: $26.44 per hour (or $1,004.90 per 38-hour week).
- Casual Employees: $33.05 per hour (including a 25% casual loading).
These amounts are before tax and apply to adult employees aged 21 and over who are not covered by a Modern Award or Enterprise Agreement.
Different minimum rates may apply to junior employees, apprentices, trainees, and certain employees with disabilities.
Modern Awards and Industry-Specific Pay Rates
Many Australian employees are covered by Modern Awards, which establish minimum pay rates and employment conditions for particular industries and occupations, including hospitality, retail, construction, and administrative work.
From 1 July 2026, minimum award wages increased by 4.75%, subject to the applicable minimum rate requirements.
Employees covered by Modern Awards or Enterprise Agreements may be entitled to additional benefits, including:
- Higher minimum hourly pay rates.
- Penalty rates for weekend, evening, or public holiday work.
- Overtime payments.
- Allowances for specific duties or working conditions.
Before signing an employment contract, it is important to identify which Award or Agreement applies to your position and ensure your pay meets the relevant legal requirements.
You can check your applicable minimum pay rate using the official Fair Work Pay and Conditions Tool.
Unfair Dismissal vs Unlawful Termination: Know Your Rights
Losing your job can be stressful, particularly when you are unfamiliar with Australian employment laws. However, not every dismissal is unlawful or unfair under the Fair Work Act.
Australia has several legal protections relating to dismissal, including unfair dismissal, general protections dismissal, and unlawful termination. These are different legal mechanisms with different eligibility requirements.
Unfair Dismissal
An employee may have grounds for an unfair dismissal claim if their dismissal was harsh, unjust, or unreasonable.
For example, a dismissal may be considered unfair if an employer terminates someone's employment without a valid reason related to their conduct or performance, or fails to follow a fair procedure.
However, eligibility requirements apply. Generally, an employee must:
- Have completed at least 6 months of employment, or 12 months if working for a small business with fewer than 15 employees.
- Be covered by the national workplace relations system.
- Earn below the applicable high-income threshold, or be covered by a Modern Award or Enterprise Agreement.
- If employed casually, satisfy additional requirements relating to regular and systematic employment and a reasonable expectation of continuing employment.
Other legal considerations may affect eligibility, including whether the dismissal involved a genuine redundancy or whether the employer complied with applicable small business dismissal rules.
General Protections Dismissal
Australian workplace laws also protect employees against certain forms of adverse action, including dismissal for prohibited reasons.
Under the general protections provisions of the Fair Work Act, an employer generally cannot dismiss an employee because they have exercised a workplace right or because of certain protected attributes.
Examples may include dismissal because an employee:
- Exercised a Workplace Right: Asked about unpaid wages, made a workplace complaint, or sought information about employment entitlements.
- Experienced Discrimination: Was treated adversely because of a protected attribute, such as race, sex, age, disability, pregnancy, religion, or national extraction, subject to applicable legal exceptions.
- Participated in Protected Union Activities: Exercised rights relating to union membership or lawful industrial activities.
Unlike unfair dismissal claims, general protections dismissal applications do not generally require an employee to complete a minimum period of employment.
However, eligibility requirements still apply, and not every workplace disagreement or dismissal will amount to a breach of the general protections provisions.
Unlawful Termination
Unlawful termination involves dismissal for reasons specifically prohibited under Australian workplace laws.
These may include certain forms of discrimination, temporary absence from work due to illness or injury within the applicable legal protections, union-related activities, parental leave, or other protected circumstances.
Unlawful termination provisions are distinct from the general protections framework. Most employees covered by the national workplace relations system would generally pursue a dismissal involving prohibited reasons through the general protections provisions rather than a separate unlawful termination application.
The appropriate legal pathway depends on the circumstances and the employee's eligibility.
Important: The 21-Day Deadline
If you believe your dismissal was unfair or occurred for a prohibited reason, it is essential to act quickly.
Applications involving unfair dismissal, general protections dismissal, or unlawful termination generally must be lodged with the Fair Work Commission within 21 calendar days after the dismissal takes effect.
Extensions of time may be granted in limited circumstances, but they should not be relied upon.
The Fair Work Commission handles these applications, while the Fair Work Ombudsman primarily deals with workplace compliance, minimum entitlements, and enforcement of workplace laws.
For more information, visit the Fair Work Commission website.
What to Do if Your Workplace Rights Are Violated
If you believe you have been underpaid, discriminated against, or treated unlawfully at work, taking practical steps early can help protect your position.
- Keep Records: Save employment contracts, payslips, rosters, timesheets, emails, and relevant workplace messages.
- Check Your Entitlements: Use the Fair Work Ombudsman website to identify your applicable minimum pay rates and employment conditions.
- Raise the Issue: Where appropriate and safe, ask your employer to explain or correct the problem.
- Seek Assistance: Contact the Fair Work Ombudsman, your union, or an appropriately qualified legal professional.
- Act Quickly After Dismissal: If you have lost your job, check the relevant application deadlines immediately.
If your employment is connected to a sponsored visa, consider seeking immigration advice as well, particularly before resigning, changing employers, or taking action that may affect your visa conditions.
How Pravoconsult Can Help
Understanding Australian employment laws can be challenging, especially when English is not your first language.
At Pravoconsult, we assist Russian-speaking individuals in Australia with understanding their rights, identifying relevant legal issues, and finding appropriate pathways for resolving workplace concerns.
Whether you are concerned about unpaid wages, workplace discrimination, employment contracts, or dismissal, we can help you understand the issues involved and explore your available options.
We understand the challenges faced by Russian-speaking migrants and aim to provide clear, practical guidance in a familiar language.
Don't ignore potential violations of your workplace rights. Contact us to discuss your situation.
- Phone (Australia): 0421 930 592
- Email: contact@pravoconsult.com.au
Understanding your rights is the first step towards protecting them.
Disclaimer: This article provides general information about Australian workplace laws as of October 2026. It does not constitute legal or migration advice. Individual circumstances and eligibility requirements may vary. For advice about your particular situation, consult an appropriately qualified professional.