AustraliaI'm a worker on a 457 visa. Do I have the same workplace rights as Australian citizens?
Yes, workers on a 457 visa (now replaced by the TSS visa) have the same workplace rights as Australian citizens under national workplace laws.
What the Law Says
Australian workplace laws apply equally to all employees working in Australia, regardless of visa status. The Fair Work Act 2009 is the main law protecting employee rights, and it explicitly covers 'national system employees' — a definition that includes temporary visa holders performing work in Australia.
The Fair Work Act 2009 applies to all national system employees, which includes people employed in Australia under a temporary visa — such as the former 457 visa (now superseded by the Temporary Skill Shortage (TSS) visa). There is no exclusion for temporary residents in the core protections.
These protections include the National Employment Standards (NES), modern awards, enterprise agreements, minimum wage orders, and general protections (e.g., against discrimination or coercion). Employers cannot lawfully offer lower pay or deny leave just because someone holds a temporary visa.
The Act also prohibits employers from threatening or cancelling visas to control or punish workers — this is unlawful coercion under section 340.
Statutory TextAn employee is a national system employee if: (a) the employee is employed in Victoria, Queensland, New South Wales, South Australia, Tasmania, the Australian Capital Territory or the Northern Territory; or (b) the employee is employed by a constitutional corporation...
— Fair Work Act 2009, s. 12 — Meaning of national system employee
Statutory TextA person must not take adverse action against a person who is an employee... because the employee has a workplace right.
— Fair Work Act 2009, s. 340 — Protection from adverse action
Statutory TextThe National Employment Standards are the minimum terms and conditions of employment that must be provided to national system employees.
— Fair Work Act 2009, s. 61 — National Employment Standards
What to Do
Check your award or agreement to confirm your correct pay rate and entitlements.
Keep records of hours worked, payslips, and any communication about changes to your role or conditions.
Contact the Fair Work Ombudsman if you’re underpaid, denied leave, or pressured about your visa status.
Lodge a general protections or unfair dismissal claim within 21 days if dismissed unfairly (for eligible employees with at least 6 months’ service).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.