Fair Work and Workplace Rights on a Visa 482
As a 482 visa holder, you have full workplace rights under the Fair Work Act — just like any other employee in Australia. Your visa does not determine your workplace rights; Australian workplace law protects everyone.
The Fair Work Act protects you
The Fair Work Act 2009 applies to all employees in Australia, including temporary visa holders. There is no exception for the 482 visa.
This means your employer cannot:
- Pay below the minimum wage
- Make you work unpaid overtime
- Discriminate against you because you are a foreign national
- Threaten to cancel the sponsorship to force you to accept worse conditions
Minimum wage and award wages
The 482 visa requires pay at the market salary rate — usually higher than the minimum wage. But as a minimum, you must be paid:
- National Minimum Wage: updated each year in July
- Award rate for your industry (if your industry has a Modern Award): usually higher than the NMW
- Market Salary Rate: as required by the 482 visa — must equal or exceed what an Australian doing equivalent work is paid
Check the award rate for your industry at fairwork.gov.au.
Hours and overtime
Under the Fair Work Act:
- Full-time: a maximum of 38 ordinary hours a week
- Overtime must be paid extra under the award or enterprise agreement
- If your contract states an “annualised salary”, overtime may be built into it — but not without limit
Leave
Full-time employees accrue:
- 4 weeks of annual leave each year (some industries have more)
- 10 days of personal/carer’s leave each year
- 2 days of compassionate leave for a family event
Unused leave is not lost — it accrues and is paid out when you leave the job.
Condition 8107 and work restrictions
The 482 visa has condition 8107 — restricting you to working for the correct sponsoring employer and the correct ANZSCO code. However, this condition does not affect your Fair Work rights — you still have full workplace rights within the scope of valid work.
The condition limits which job you may hold, not the protections that apply to that job.
Complaining about a breach
If your employer breaches your Fair Work rights, you can:
- Contact the Fair Work Ombudsman (FWO): 13 13 94, or lodge a complaint online
- Language support: the FWO has a free interpreter service
- Anonymous reporting: you can report without revealing your identity
Important: the Fair Work Ombudsman does not notify the Department of your visa status when it receives a complaint. You are protected when making a legitimate complaint.