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 you are treated fairly and paid correctly.
At Pravoconsult, we specialize in providing legal help in Australia, helping our compatriots protect their rights. This guide provides a foundational look at the Australian workplace system, focusing on the Fair Work Ombudsman, the minimum wage, and what to do if you face dismissal.
What is the Fair Work Ombudsman?
The Fair Work Ombudsman (FWO) is the government agency responsible for making sure that all employees and employers follow the laws set out in the Fair Work Act 2009.
Key things to know about the FWO:
- Impartiality: They are an independent regulator, not a union or a lawyer.
- Free Resources: They provide free information about pay, leave, and workplace rights.
- Language Support: The FWO offers resources in over 30 languages. If you need assistance in Russian, you can call the Translating and Interpreting Service (TIS National) on 13 14 50 and ask them to connect you to Fair Work on 13 13 94.
- Protection for Migrants: Your visa status does not change your workplace rights. In fact, an employer cannot cancel your visa; only the Department of Home Affairs has that power. Reporting a workplace issue to the FWO will not jeopardize your right to stay in Australia.
Understanding the National Minimum Wage
No matter your visa type or background, it is illegal for an employer to pay you less than the national minimum wage.
As of February 2026, the current national minimum wage (updated July 2025) is:
- Full-time/Part-time: $24.95 per hour (or $948.00 per 38-hour week).
- Casual Employees: $31.19 per hour (this includes a 25% “casual loading” to compensate for the lack of paid sick or annual leave).
Many jobs are also covered by “Modern Awards” – specific legal documents that set higher minimum rates for certain industries (like hospitality, retail, or construction). Before signing a contract, it is vital to check which Award applies to your role to ensure you aren’t being underpaid.
Unlawful Dismissal: Know the Difference
Losing a job is stressful, but it is important to know if your termination was legal. In Australia, there is a distinction between unfair dismissal and unlawful dismissal.
Unfair Dismissal
A dismissal is considered “unfair” if it is harsh, unjust, or unreasonable. This usually applies if the employer didn’t have a valid reason related to your performance or if they didn’t follow a fair process (like giving you a warning).
Unlawful Dismissal
Unlawful dismissal is more serious. It occurs when an employee is sacked for a prohibited reason. Under the Fair Work Act, it is illegal to fire someone because of:
- Discrimination: Race, colour, gender, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, or social origin.
- Temporary Absence: Being away from work due to illness or injury (within specific limits).
- Union Activity: Joining a union or participating in industrial action.
- Exercising Rights: Making a complaint or inquiry about your employment (e.g., asking why you weren’t paid correctly).
If you believe you have been dismissed for any of these reasons, you generally only have 21 days from the date of dismissal to lodge a claim with the Fair Work Commission.
How Pravoconsult Can Help
Navigating the Australian legal system in a second language can be overwhelming. At Pravoconsult, we bridge that gap. Whether you are facing discrimination at work, have been underpaid, or believe you were victims of an unlawful dismissal, we provide expert legal help in Australia to ensure your voice is heard.
We understand the unique challenges faced by Russian speakers in Australia and offer culturally sensitive, professional advice to help you adapt and thrive in your new home.
Don’t let workplace exploitation go unchallenged. Contact us today:
- Phone (Australia): 0421 930 592
- Email: contact@pravoconsult.com.au
Your rights are protected in Australia. Let us help you uphold them.