Working abroad

Working in Australia: visas and basic rights

The main visas for working in Australia, where to apply, and the minimum protections that apply to everyone, including temporary visa holders.

6 min read

Who this is for

For people who want to work in Australia on a temporary or permanent visa. Visa applications go only to the Department of Home Affairs; for workplace rights the reference body is the Fair Work Ombudsman.

In short

  • Italian citizens aged 18 to 35 can apply for the Working Holiday visa (subclass 417).
  • Since 7 December 2024 the employer-sponsored visa is the Skills in Demand visa (subclass 482).
  • Maximum 38 ordinary hours a week and 4 weeks’ paid annual leave a year.
  • Visa holders have the same workplace rights as everyone else.

General information, not legal advice. Rules change and have exceptions. Always check the official text in the sources below and, for your own case, talk to a trade union, a qualified lawyer or the competent public authority.

Legal basis and where to apply

Visas are governed by the Migration Act 1958. Applications are made online to the Department of Home Affairs (immi.homeaffairs.gov.au). [1]

The main visas

Some occupations need a skills assessment by a recognised authority. Check the requirements on the official visa page.

Your basic rights

The Fair Work Act 2009 sets the National Employment Standards (NES), minimums that apply to almost all employees:

The national minimum wage is set every year by the Fair Work Commission. From 1 July 2026 it is AUD 26.44 an hour (AUD 1,004.90 for a 38-hour week; 2026-27 rate, check the Fair Work Commission website for updates) and it applies to adult employees not covered by an award or agreement. Many jobs are covered by an award with higher minimums. [8] Your employer must also pay superannuation (retirement savings) for you. [9]

If you hold a temporary visa

Visa holders have the same workplace rights as any other employee, even if they have breached their visa conditions: for the purposes of the Fair Work Act, any effect of migration law on the validity of the contract is disregarded. [10] Since 1 July 2024 it is an offence to coerce or pressure a temporary visa holder into breaching their visa conditions, or to exploit them by using their migration status. [11] Since 1 July 2024 the Migration Regulations also protect people who report exploitation: where there is a certified matter, a temporary visa is generally not cancelled for breaching work conditions, and a “workplace justice” visa (subclass 408) lets you stay in Australia to pursue your claim. Requirements and duration can change: check the Department of Home Affairs and Fair Work Ombudsman websites. [12]

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