South Australian Business News

Employ migrant workers? There are changes to the Fair Work Act you need to know

Elisa Luck
Wednesday, July 26th 2023

Are you across the most recent changes to the Fair Work Act that have come about as part of the Australian Government’s new Protecting Worker Entitlements laws?

While migrant workers in Australia have always had the same rights and entitlements under workplace laws as other employees working in Australia changes to the Fair Work Act which came into effect on 1 July 2023 clarify that:

  • migrant workers continue to have these rights and entitlements regardless of their migration status under the Migration Act 1958
  • a breach of that Act doesn’t affect the validity of an employment contract or a contract for services.

This includes in circumstances where a migrant worker has breached a condition of their visa, doesn’t have work rights, or doesn’t have the right to be in Australia.

Employers need to ensure when they engage with migrant workers, they comply with both Australian workplace laws and immigration laws including applying for and understanding the rules of valid work visas, as well as the obligation to pay market salary rates for migrant workers.

Need some help? the South Australian Business Chamber Members can contact our expert Workplace Advisers at (08) 8300 0000 (select option 1).


Elisa Luck

General Manager, Programs and Consulting
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