In Australia, pursuing higher education is about gaining knowledge and skills and preparing for the future by acquiring work experience. With a significant number of international students flocking to its shores each year, it becomes crucial to understand the rights and regulations that govern student employment in this country. This article aims to provide an overview of student work rights in Australia, shedding light on available opportunities, restrictions imposed, and the importance of maintaining a balance between work and study commitments. Whether an international or a domestic student contemplating part-time employment during your academic journey, this comprehensive guide will provide you with the necessary knowledge to navigate Australia’s labor market while ensuring compliance with legal obligations.
In recent years, the rights and conditions of student workers have become an increasingly important topic in Australia. As more students seek employment to support their studies and gain practical experience, a growing concern exists about their rights and protections within the workforce. This article aims to provide an overview of student work rights in Australia, including information on minimum wages, working hours, leave entitlements, and workplace health and safety regulations. By understanding these rights, students can ensure they are treated fairly and make informed decisions about their employment opportunities while pursuing their educational goals.
Work Hours allowed for student visa Holders
Australia is a great place to pursue your education. Most people choose to work with their studies to support themselves and to bear the living expenses. In Australia, students are allowed to work for a fixed number of hours as decided by the government. Before starting work, students must know the visa conditions, as different visa types have different work rules and restrictions. Your work rights may be impacted by the type of visa you hold and the course level you choose. Student work rights vary with the type of visa and work one chooses. Work hours allowed for the student visa holders are:
Post-graduate research student: there is no restriction on the number of hours they can work.
Graduate students: permitted to work a maximum of 48 hours (about two days) per fortnight.
Work hours allowed during the course: 48 hours per fortnight.
Work hours allowed during holidays: unlimited hours.
Work restrictions of working only 48 hours (about two days) per fortnight are placed from 1 July 2023. These work restrictions are placed to ensure that student visa holders can focus on obtaining a quality education and qualification in Australia while gaining valuable work experience and contributing to Australia’s workforce needs.
Student visa work restrictions were relaxed by the government during the pandemic but in January 2022, they completely removed those restrictions. To address workforce shortages, it allowed student visa holders to work over their standard limit of 40 hours (about one and a half days) per fortnight. The relaxation offered by the Australian government ended on 30 June 2023.
The Australian government has announced work hour relaxation for student visa holders that are already working in the aged care sector on 9 May 2023. They can work for unrestricted hours in the aged care sector till December of this year.
Work Rules and Restrictions for student visa holders
For students, working in Australia with their student visa must know about the work rules and restrictions. Certain conditions must be fulfilled to work with a student visa. These rules are made to encourage students in their study and to stop them from over involvement in work. The primary purpose of the student visa is to prosper in your study, so studying should be a priority, and the work must not affect your studies. To ensure the work and study balance, students must:
- Pursue a consistent study program approved by the Australian government
- maintain their course enrolment
- ensure satisfactory attendance in their classes
- ensure satisfactory progress in their study course
- Maintain an Overseas Student Health Cover
top attending classes, or fail to progress in their studies may breach their visa conditions and lead to visa cancellation. Working with study in Australia can be a good way to support your finances, but one must stay aware of the restrictions placed upon you. Violating these restrictions as international students can result in dropping out of Australia.
Work Rights of Students
In this section, we will look into the work rights of students in Australia. Here, overseas students have the same workplace rights and protections as anyone in Australia. Here’s what you need to know before starting to work in Australia:
- You must receive the minimum wage set by the government (the current minimum wage is $21.38 per hour in Australia)
- You must pay tax on your income.
- You must receive a pay slip.
- You can work up to 48 hours every fortnight (two weeks) during term time (unless you are a Ph.D. and master’s) and unlimited hours during your vacations.
- Students working in the aged care sector can continue to work unrestricted hours in the same sector till December 2023.
- Students are allowed to do casual work which means they don’t have a fixed number of hours every week and they can decide the time of their work as per their schedule.
- Students are not allowed to work full-time.
Workplace protection for students
One of the major advantage of study in Australia is their workplace protection service for students. International students in Australia possess the same working rights as of other workers in Australia. These rights apply to volunteering, internships, and other work experience opportunities. Students can contact the Fair Work Ombudsman for help if they have workplace issues without fear of their visa being canceled. They are obliged to solve your issue without any discrimination. Students also have the liberty to call them anonymously to report their issues. It could be for issues such as not getting the proper pay or other entitlements, like leave or notice.
Requirements to get work
If you want to work in Australia, there are certain requirements that you must fulfill. To get work in Australia, you must have a valid visa and you need to provide proof of your visa to your employer to get work. Employers can check your visa status by contacting the Visa Entitlement Verification Online (VEVO) system. However, some of them may ask you directly to provide the following:
- Your VEVO details
- Visa start date
- Visa expiry date
Work areas (preferred opportunities) for students
The flexible hours and a large number of opportunities in these industries make this ideal for students:
- Retail positions- including departmental stores, supermarkets and boutiques
- Hospitality – restaurants, cafes, bars
- Delivery driver (if you have a valid driving license)
- Farming and fruit-picking – seasonal work
- Services – childcare, cleaning, and aged care
- Administration and clerical work (data entry, assistant)
- Tutoring
Superannuation Right
Superannuation (super) is a service that saves money for retirement. In Australia, not only the Australian citizen but even student visa holders are eligible to get ‘super’ contributions from employers. These are paid directly into your superannuation fund at a minimum of 9% of your earnings. When you permanently leave Australia, you are eligible to access that money saved on your behalf.
Post study work Rights
In this paragraph, we will discuss the post-study work rights of international students who want to work in Australia. To stay and work in Australia after your graduation, you need to apply for a Temporary Graduate Visa (subclass 485), it costs around A$1,730. This Visa allows graduates to work and stay in the country for one and a half years (18 months). It is mainly issued to fill specific occupations in Australia.
To apply for this visa, you must meet these requirements:
- You must be below 50 years old.
- You hold an eligible visa.
- You have held a student visa for the last six months.
- When applying, you must provide evidence of adequate health insurance for all applicants.
- You must provide evidence you have applied for an AFP check when you apply. All international students must get a national police check (a police certificate, police clearance certificate, criminal history check, or criminal record check).
- It would be best to achieve a minimum score in various English language proficiency tests.
New Post-Study Visa Rules in Australia 2023
Australia has introduced new post-study visa rules, in which they have extended the post-study work rights for up to two years. Australia is facing a severe shortage of staff in different occupations nationwide. These shortages are the aftereffects of the pandemic. So, Australia is opening more opportunities for skilled students and creating pathways to permanent citizenship to support their economy. According to the new rules, certain degrees will allow two more years of post-study work rights beside the original years. The Australian government has announced that international students graduating with degrees in demand would be eligible for extended post-study work rights applicable from 1 July 2023.
- Bachelor’s graduates with four years of post-study work rights
- Master’s graduates with five years of post-study work rights
The list of eligible degrees for the 4-5-year work rights is long, and it includes 400 programs. It provides new opportunities for students who wish to work and settle in Australia. The priority areas in the list include teaching, health, engineering, and agricultural fields. For the students whose degree is not mentioned on the list, they will not get an extension in their post-study work time. Their post study work time will be two years for a bachelor’s degree and three years for a master’s degree.
All doctoral graduates will be granted six years of post-study work time, up from their previous limit of 4 years.
Conclusion
In conclusion, student work rights in Australia are placed to protect the rights and interests of international students, ensuring fair employment opportunities and conditions. These rights include the ability to work part-time while studying, limitations on working hours during term time, and access to workplace protections. We have discussed the student work rights in detail, to make them aware of their rights and responsibilities in the workplace to avoid exploitation or unfair treatment. By understanding and exercising their work rights, students can gain valuable work experience, support themselves financially, and contribute positively to the Australian economy. Therefore, all international students in Australia must familiarize themselves with the guidelines and regulations surrounding student work rights and actively seek assistance if needed. You can contact HSA consultants for further details about the work rights and visa process.