The rule: same rights, same minimum pay
The Fair Work Ombudsman states that visa holders and migrant workers have the same workplace rights and protections as all other employees in Australia, and that visa workers are entitled to the same minimum pay rates and conditions as any other employee doing the same job in the workplace. That covers pay and wages, leave and other entitlements under the National Employment Standards and the relevant award or enterprise agreement, and protection from discrimination.
The Ombudsman's fact sheet adds that the Migration Act does not affect the validity of an employment contract under the Fair Work Act, and that an employer cannot cancel a worker's visa.
Sources: Fair Work Ombudsman: visa holders and migrants · Fair Work Ombudsman: visa holders and migrant workers fact sheet
Visa breaches do not remove workplace rights
If a worker has gone over their permitted hours or otherwise breached a visa condition, their workplace entitlements still apply. The Fair Work Ombudsman has said employers must meet these rights even if a worker has breached visa conditions. A breach can have consequences for the worker under the Migration Act, and for the employer under the employer sanctions in the Migration Act, but it is not a defence to underpayment.
Checking a worker's visa conditions before and during employment is a separate employer obligation; see employing visa holders already in Australia.
Sources: Fair Work Ombudsman media release, 9 July 2025 · Fair Work Ombudsman: visa holders and migrants
Sponsored 482 workers: the market rate, not just the award
For sponsored workers there is a second floor on top of the award. The Fair Work Ombudsman's fact sheet notes that primary Subclass 482 (and former 457) visa holders should be paid market salary rates by their sponsors. For nominations from 1 July 2026 the salary must also be at least the A$79,423 Core Skills Income Threshold. These are migration requirements that sit beside the Fair Work minimums; check a specific offer with the sponsorship salary check and see the sponsor obligations.
Source: Fair Work Ombudsman: visa holders and migrant workers fact sheet
Since 1 January 2025: intentional underpayment can be a crime
From 1 January 2025, intentionally underpaying an employee's wages or entitlements can be a criminal offence; honest mistakes are not covered. The Fair Work Ombudsman can investigate suspected criminal underpayment and refer matters for prosecution, and a court can impose fines, prison time or both. Small business employers that comply with the Voluntary Small Business Wage Compliance Code have a separate pathway. Maximum civil penalties for underpayment by employers that are not small businesses also increased on that date.
Sources: Fair Work Ombudsman: criminalising wage underpayments · Fair Work Ombudsman: criminal prosecution
Where employers and workers can check
- Pay and Conditions Tool on fairwork.gov.au, for award rates and conditions by role.
- Fair Work Infoline: 13 13 94. Interpreter service: 13 14 50.
- Record my hours app from the Fair Work Ombudsman, for workers tracking their own hours.
The Fair Work Ombudsman gives free information to employers and employees; it is the place to check pay, not this page.
Frequently asked questions
Do visa holders get the same pay as Australian workers?
Yes. The Fair Work Ombudsman says visa workers are entitled to the same minimum pay rates and conditions as any other employee doing the same job in the workplace.
Does a visa breach change what I must pay?
No. The Fair Work Ombudsman has said employers must meet workplace rights even if a worker has breached visa conditions.
Can an employer cancel a worker's visa?
No. The Fair Work Ombudsman's fact sheet states that an employer cannot cancel a worker's visa; only the Department of Home Affairs can.
Is underpaying a visa holder a crime?
From 1 January 2025, intentionally underpaying any employee can be a criminal offence. Honest mistakes are not covered.
What must a sponsored 482 worker be paid?
The award and Fair Work minimums apply, and the Fair Work Ombudsman notes primary 482 holders should be paid market salary rates by their sponsors. For nominations from 1 July 2026 the salary must also be at least A$79,423.
Hiring a visa holder?
Search candidates who are already in Australia, with their visa status shown on the profile.
Related: tax file number for visa holders · employing visa holders already in Australia · employing international students · employing working holiday makers · cost of hiring an employee · sponsor obligations · super for visa holders
General information only, not legal, workplace or migration advice. Facts are from the Fair Work Ombudsman pages linked above, read 10 November 2026. For your obligations as an employer, contact the Fair Work Ombudsman; for migration obligations, a registered migration agent.