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.
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
- Working Holiday (subclass 417): Italy is an eligible country and the age limit for Italians is 35 (since 1 July 2022). It lets you work while on holiday. Doing certain “specified work” in some areas can make you eligible for a second and third visa. [2]
- Skills in Demand (subclass 482): an approved employer sponsors you for a role it cannot fill with Australian workers. It replaced the Temporary Skill Shortage visa from 7 December 2024. [3]
- Skilled Independent (subclass 189): points-tested permanent visa, no sponsor needed. You submit an expression of interest and wait for an invitation. [4]
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:
- maximum 38 ordinary hours a week, plus “reasonable” additional hours; [5]
- 4 weeks’ paid annual leave for each year of service (not for casual employees); [6]
- minimum notice of termination based on length of service. [7]
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]
Checklist
- Apply only via immi.homeaffairs.gov.au; be wary of anyone “selling” visas or sponsorships.
- Check your visa conditions on VEVO.
- Ask for the Fair Work Information Statement and check which award applies.
- Use the Fair Work Ombudsman pay calculator.
- Do not hand your passport to your employer and do not accept cash-in-hand pay.
- For pay problems or exploitation, contact the Fair Work Ombudsman.