Moving to Australia on a temporary work visa?

What you need to know about your rights as a temporary migrant worker in Australia

This information was prepared by Australian trade unionists for distribution in Ireland

DOWN

UNDER

Your rightsat work

Working Holiday 457 Visas Pay Safety Entitlements

A message from ACTU President Ged Kearney

Introduction......................................P2Temporary visas...............................P3Fair pay............................................P4Sham contracting.............................P5Rights at work at a glance............P6-7Superannuation and tax...................P6457 visa workers’ rights................P8-9Unions and migrant workers............P9Stay safe at work...........................P10Mental health support....................P10Irish community contacts................P11Join your trade union.....................P12

Contents

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THE economic crisis in Ireland hascaused high levels of unemploymentand hardship in recent years, and tens

of thousands of Irish people are emigrating toAustralia on temporary visas to find work.People from Ireland are now the third-largest source of workers enteringAustralia under the 457 temporary skilledworker visa program, and thousands moreenter each year under the Working Holidayvisa. Most Irish workers are employed in thehealthcare, construction, mining andhospitality industries.

Issues facing Irish workers in AustraliaMany young Irish workers on Working Holidayvisas are unaware of their rights in theworkplace in Australia. There is also evidencethat some workers on 457 visas are beingexploited as they depend on their employerfor their residency rights. Any workersbeholden to their employer for their residencyrights are naturally going to be reluctant tospeak up if their rights are being abused.Some of the key issues facing Irish workers inAustralia include underpayment; the denial ofentitlements such as leave and workers’compensation insurance through “shamcontracting” arrangements; and diminishedsafety standards on sites where migrantworkers are concentrated.

Unions defending migrant workers’ rights Australian trade unions are campaigning forthe rights of temporary migrant workers in aneffort to combat exploitation. We believe allworkers in Australia are entitled to equalrights, pay and conditions. We don’t want tosee the creation of a group of second-classworkers which can be used by unscrupulousemployers to lower wages, conditions and

rights across the board.The existing protections for temporaryworkers have only been achieved by unioncampaigns for equality.

Get organised! Join your union This pamphlet aims to help inform migrantworkers from Ireland of their rights at work inAustralia. We encourage every Irish worker inAustralia to ensure they get the pay andconditions they are legally entitled to. Thebest way to do this is to join your union assoon as you arrive, and encourage yourfriends to do the same.Unions can challenge underpayment, denialof entitlements, unsafe conditions, and threatsof deportation by an employer. So stand upfor your rights at work. Don’t take part in the‘race to the bottom’. Join your union as soonas you arrive in Australia

Ged Kearney, July 2013

The information in this pamphlet has been sourced from the Fair Work Ombudsman, the Department of Immigration and Citizenship, the Department of Education, Employment and Workplace Relations’ Young Worker Toolkit, the ACTU, CFMEU and AMWU websites. It is accurate as of July 2013 but conditions may be subject to change, sovisit the DIAC and Fair Work Ombudsman websites for up-to-date information about any significant changes. See page 12 for contact details. Photos are from Shutterstock, theACTU (p12), CFMEU (p5, p9), Unions Australia (p12) and supplied by Irish community groups (p11). Authorised by Pearse Doherty.

Make sure your rights atwork are protected.

Join a union when you arrive in Australia.

Join online atwww.unionsaustralia.com.au

or phone

1300 486 466

unions

australia

Fáilte go dtí anAstráil. Tá an t-eolas seoullmhaithe d’oibritheÉireannacha agtaisteal go dtí anAstráil agceardchumannaithena hAstráile. Táeolas ann faoi dochearta san ionadoibre, sábháilteacht,pá, víosaí, pobaláitiúil na hÉireannagus níos mó. Tásúil againn gogcabhróidh sé duittuiscint do chuidchearta ar obair sanAstráil. Is é anbealach is fearr lechinntiú go bhfuil dochuid cheartacosanta ná a bheithpáirteach igceardchumann!

This pamphlet is an initiativeby Pearse Doherty TD, supported by the CladdaghAssociation Perth, the ACTUand Irish unions Mandate,TEEU, IBOA and Unite

ADVICE: From left, ACTU Secretary Dave Oliver,Irish TD Pearse Doherty and ACTU President GedKearney in Melbourne, September 2012

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Temporary visasTo enter Australia as a visitor or temporary migrant with work rights,you need a valid visa. Most people who travel from Ireland andBritain to work in Australia do so on either a Working Holiday (417)visa or a Temporary Worker (Skilled) (457) visa. Most of the information in this pamphlet relates to these two types ofvisas, but there are other visas which may be applicable to you. Formore information on visas, and for the full details of the residencyand work rights under each type of visa, please contact theAustralian Department of Immigration and Citizenship (DIAC).

Throughout this pamphlet, information that is specific to either type of visa will becoloured yellow or purple as below. Information below is from the DIAC website.

Temp Work (Skilled)Subclass 457

Working HolidaySubclass 417

For more information on Australian visa conditions, visit the Department for Immigration and Citizenshipwebsite at www.immi.gov.au or phone 131 888 from within Australia

Basic overviewThis visa is for people aged 18 to 30 years of age,who are interested in a working holiday of up to 12months in Australia. You must have turned 18, but notturned 31, at the time of your visa application. Themain purpose of this visa is to allow applicants to havean extended holiday while supplementing their fundswith short-term work in Australia.

Work/residency rights on First Working HolidayvisaIf you are granted your Working Holiday visa you can: n enter Australia within 12 months of grant n stay up to 12 monthsn leave and re-enter Australia any number of timeswhile the visa is validn do any kind of work in Australia. However, you canonly work with the same employer for up to six monthsn study for up to four months.

For information on eligibility, applications andrenewals, visit the DIAC website:www.immi.gov.au/visitors/working-holiday

Second Working Holiday visaApplicants who have performed specified work in aneligible regional Australian area for a minimum ofthree months (88 days) while on their first WorkingHoliday visa may be eligible for a second WorkingHoliday visa. Applicants must have evidence of theirspecified work. Specified work is any type of work thatis undertaken in a ‘specified’ field or industry (such asharvesting, construction and mining).

For information on types of specified work, and a listof postcodes of regional Australian areas, visit theDIAC website: www.immi.gov.au/visitors/working-holiday/417/eligibility-second.htm

Basic overviewThe Temporary Work (Skilled) (subclass 457) visa isfor skilled workers from outside Australia who havebeen sponsored and nominated by a business to workin Australia on a temporary basis. Businesses canemploy overseas workers for up to four years inskilled occupations only. The program is uncappedand driven by employer demand. A business can sponsor a skilled worker if they cannot find an appropriately skilled Australian citizenor permanent resident to fill a skilled position listed inthe Consolidated Sponsored Occupations List.

There are three stages to the 457 visa process. 1) Sponsorship—the employer applies for approval as astandard business sponsor.2) Nomination—the employer nominates an occupationfor a prospective or existing subclass 457 visa holder.3) Visa application—the person nominated to work inthe nominated occupation applies for the 457 visa.

Work/residency rights on a 457 visaSubclass 457 visa holders can: n work in Australia for a period of between one dayand four yearsn bring any eligible dependants with you toAustralia – dependants can work and studyn after entering Australia, have no limit on the numberof times you can travel in and out of Australian change your employer and/or occupation if anapproved sponsor nominates you for a new positionand your application is approved.

For information on eligibility, applications and thesponsored skilled occupations list, visit the DIACwebsite: www.immi.gov.au/skilled/skilled-workers/sbsFor more information on your rights in the workplaceon a 457 visa, see pages 8-9.

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Fair pay 457 457 457Must receive equal pay457 visa workers must receive thesame wages and conditions ofemployment as Australian workersdoing the same job at the sameworkplace – ‘the market salary rate’.

How do I know what the marketsalary rate is?The market salary rate is the wagesand conditions (including hours ofwork) that the employer currentlyprovides to Australian workers doingthe same work in the sameworkplace. These wages andconditions of employment may beset by an award, collectiveagreement or common law contract.If there are no Australian employeesdoing the same work at the sameworkplace, the employer mustidentify the market rate.

What is the Temporary SkilledMigration Income Threshold?A Temporary Skilled MigrationIncome Threshold (TSMIT) sets theminimum salary for a position toqualify under the 457 scheme. 457visas will not be granted where themarket rate is below the TSMIT.From 1 July 2012, the TSMIT wasraised to $51,400. See pages 8-9 for more details.

Working HolidayEntitled to equal payPeople working in Australia on aWorking Holiday visa are entitledto the same pay and workconditions as Australian residentsand citizens.

Employers have severalobligations. They must:n ensure that the employee ispaid the salary specified for thenominated positionn deduct and make tax paymentsfor the employee while employedby the businessn make superannuationcontributions for the employeewhile employed by the business.

National minimum wage foradultsFrom 1July 2013, the full-timeminimum wage is $16.37 per houror $622.20 per week before tax.This means that most employeesin the national system shouldn’tget less than this.Casuals covered by the nationalminimum wage get an extra 24%($20.30 per hour).See pages 6-7 for more details.

Base rateYour base rate of pay is the cashcomponent of your wage or salary. Thetotal package is the base rate plus anyadditional entitlements (such aspenalty rates, superannuation etc)combined to give a greater total value.

Penalty ratesEmployees often get higher rates ofpay when they work late nights, earlymornings, weekends or public holidays. Penalty rates come fromagreements and awards. They aredifferent for each industry and job.Employees who aren’t covered by anaward or agreement and who arecovered by the national minimumwage don’t get penalty rates, unlesstheir contract says they should.

OvertimeIf stated in your award, enterpriseagreement or contract, you’re entitledto receive overtime pay. Overtime isusually any work in excess of 38 hoursin a week, or outside the ordinaryhours. It is often time and a half for thefirst 2 hours, then double time afterthat for all hours outside or in excessof your ordinary hours of work.

Getting paid and pay slips Your employer must pay you on aweekly, fortnightly or monthly basis,depending on the standard practice inthe workplace. Employers must issuepay slips to you within one workingday of your pay day.

$Information is from the Fair Work Ombudsman

www.fairwork.gov.au Young Worker Toolkityoungworkertoolkit.youth.gov.au and DIAC

www.immi.gov.auGet the pay you deserve

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Sham contracting

What is sham contracting?

Sham contracting is an illegal butwidespread practice in the Australianconstruction industry.It occurs when a company signs upworkers as independent contractors(also known as ABN workers) insteadof hiring them properly asemployees.Companies use sham contracting sothey can avoid giving an employeetheir working rights and entitlements.

Workers on sham contracts missout on rights and entitlementssuch as:

n paid sick leave, holiday leave andlong service leaven overtime and public holiday ratesn protection against unfair dismissaln redundancy payments n superannuation payments fromemployersn workers’ compensation insurancen fares and travel allowancesn and more.

Sham contracting is illegal

Under the sham contractingprovisions of the Fair Work Act 2009,an employer cannot: n Intentionally disguise a person’semployment, or an offer ofemployment, as an independentcontracting arrangementn Dismiss or threaten to dismiss anemployee for the sole or mainpurpose of re-engaging the personas an independent contractorn Make a knowingly false statementfor the purpose of persuading an

employee to become an independentcontractor.

What should I do if my boss asksme to get an ABN but I am not agenuine independent contractor?

You should not agree to get an ABNbecause you will miss out on

important entitlements. It is illegal foryour boss to pressure you to get anABN. You should phone your tradeunion to report this (see page 12 onhow to join a union in Australia).Alternatively you can phone the FairWork Ombudsman (see page 12).Make sure you get the full range ofentitlements you deserve!

Sham contracting is when an employer tries to pass off an employmentrelationship as an independent contracting relationship. For example, if anemployer tells you they cannot employ you unless you have an ABN(Australian Business Number), that is sham contracting. Employers do this toavoid responsibility for paying legal entitlements to workers, such as minimumrates of pay, leave entitlements and workers’ compensation insurance.

This information is especially important for workers in the construction industrywhere sham contracting is widespread. The construction union, the CFMEU, iscampaigning against sham contracting.

IMPORTANT: If you are employed in Australia under a 457 visa, you are notpermitted to get an ABN as you must be sponsored and nominated by anemployer for a specific job. Information is from the CFMEU

www.cfmeu.asn.au and the Young Worker Toolkit

youngworkertoolkit.youth.gov.au

An independent contractor

Employer exercises control

Works exclusively for employer

Work cannot be delegated

Equipment provided by employer

Works from employer’s location

Paid periodically

No profit/loss

Choice of how, where and when toperform tasks

Works on a number of projects

Work can be delegated

Provides own equipment

Separate places of work

Paid by completion of tasks

Risk of loss and opportunity ofprofit

An employee

www.cfmeu.asn.au/campaigns/national/stop-the-sham

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Your rights @ work in Oz – the basicsWhat determines my pay and conditions at work?The national minimum wage and theNational Employment Standards(NES) provide the basic safety net formost workers in Australia. Everybodywho works in Australia under relevantCommonwealth workplace laws isentitled to be paid at least theminimum wage, which is reviewedeach year. Most workers in Australiaare covered by the NES – 10 basicminimum standards. In addition to the minimum wage andNES, other instruments that may setyour pay and conditions include acontract, a modern award and anenterprise bargaining agreement.n A common law employmentcontract is between you and youremployer and sets out thecircumstances of your work. n Enterprise bargainingagreements are legally bindingagreements struck between anemployer and a group of employeesand/or the union and certified by FairWork Australia.n Modern awards outline minimumwages and conditions for an industryor occupation. These conditions

apply on top of the NES and includeentitlements such as breaks,allowances and rates of pay forworking at different times. You may be covered by one or moreof these instruments. Theemployment conditions contained inyour contract or enterprise bargainingagreement generally cannot be lowerthan the conditions contained in themodern award that applies to theindustry you work in (search the FairWork Commission for your award oragreement: www.fwc.gov.au).

For more information on the nationalminimum wage, see page 3. Formore on the National EmploymentStandards, see page 7.

General protectionsEveryone working under relevantCommonwealth workplace laws isentitled to general workplaceprotections. The Fair Work Act 2009provides protections of certain rights,including: workplace rights; the rightto engage in industrial activities; theright to be free from unlawfuldiscrimination; andthe right to be free from undueinfluence or pressure in negotiatingindividual arrangements.These rights are protected fromunlawful actions, including: adverseaction; coercion; misrepresentations;and undue influence or pressure.See www.fairwork.gov.au for more.

Can I join a union?Yes. Under Australia’s laws,everyone has the right to join aunion. You do not have to inform youremployer that you have joined. Formore information contact UnionsAustralia on 1300 486 466.

What is superannuation?Superannuation is money set asideover your lifetime to provide for yourretirement. If you’re eligible, youremployer must make a contributionof at least 9% of your salary eachyear into a super fund. You canchoose to make your own supercontribution on top of this. You maybe able to choose the fund that thissuper is paid into.

Am I eligible?You’re generally entitled to super ifyou’re between 18 and 69 yearsold, and you’re paid $450 or more(before tax) per month.Superannuation is paid by youremployer on top of the minimumwages for your job, and is paid to

full-time, part-time and casualemployees, and some contractors.

Accessing super overseasYou are entitled to access yoursuperannuation when you leaveAustralia. The Australian TaxationOffice website provides moreinformation on accessing it.

Extra entitlements Some awards and agreementshave their own extra super rights.Check your award or agreement tofind out if extra super applies.

Not getting super?If your employer isn't fulfilling theirobligations you can lodge anenquiry with the ATO.

Everybody who works in Australia – whether you are an Australian citizen, permanentresident, or temporary migrant worker – is entitled to several basic workplace rights

Superannuation (pensions) & taxTAX Getting your tax file numberA tax file number (TFN) is a unique nine-digit number the ATO issues to you soyou can work and pay tax in Australia.You can apply for your TFN online ifyou’re on a 457 or Working Holiday Visaand you’re actually in Australia. The ATOwill verify your details with DIAC. Toapply online you need a valid passport,and work visa authorised by DIAC. Seewww.ato.gov.au/content/40962.htm

Filing your tax returnA tax return is information you provide tothe ATO about your annual income andother details so they can work out howmuch tax is payable. If you’ve paid toomuch you may be entitled to a refund.

See Australian Taxation Office for more: 131 020 or www.ato.gov.au/super

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Your rights @ work in Oz – the basicsNational Employment StandardsThe vast majority of peopleworking in Australia are coveredby the National EmploymentStandards (NES). The NES ensurethat you have 10 minimumconditions of employment thatcannot be reduced.

Am I covered by the NES?The NES apply to all employeescovered by the national workplacerelations system regardless of theaward, agreement or contract ofemployment. The national workplace relationssystem covers people employed inthe private sector by a constitutionalcorporation (Pty Ltd or Ltdcompanies); people employed inVictoria, the Northern Territory or theACT; and people employed by theCommonwealth or a Commonwealthauthority. For more information onwho is covered by the NES viewEmployment g NES onwww.fairwork.gov.au.

The 10 entitlements under theNational Employment Standardsare:

1. Fair Work Information StatementEmployers have to give the FairWork Information Statement to allnew employees.

2. Maximum weekly hours of work 38 hours per week, plus reasonableadditional hours.

3. Requests for flexible workingarrangementsParents and carers can ask for achange in working arrangements tocare for young children under schoolage or children under 18 with adisability.

4. Parental leave and relatedentitlementsUp to 12 months unpaid leave, theright to ask for 12 months extra unpaidleave and other types of maternity,paternity and adoption leave.

5. Annual leave Four weeks paid leave per year, plusan extra week for some shift workers(pro rata for part-time employees).

6. Personal/carer’s leave andcompassionate leaveTen days paid personal (sick)/carer’sleave, two days unpaid carer’s leaveand two days compassionate leave(unpaid for casuals) as needed.

7. Community service leaveUp to 10 days paid leave for juryservice (after 10 days is unpaid) andunpaid leave for voluntaryemergency work.

8. Long service leaveEntitlements are carried over frompre-modern awards or from statelegislation. For details on your longservice leave view Employment gNES on www.fairwork.gov.au.

9. Public holidaysPaid days off on public holidaysunless it’s reasonable to ask theemployee to work.

10. Notice of termination andredundancy payUp to four weeks’ notice oftermination (five weeks if theemployee is over 45 and has been inthe job for at least two years) and upto 16 weeks redundancy pay.

Casual employeesIf you are a casual employee, youare only entitled to some of the NES:n maximum weekly hoursn two days unpaid carer’s leave andtwo days unpaid compassionateleave per occasionn community service leave (exceptpaid jury service)n days off on public holidays unlessit’s reasonable to ask you to workn the Fair Work Info Statement.

I’m not in the national workplacesystem. How am I affected?Two NES entitlements apply to allfull-time and part-time employees.These are parental leave and noticeof termination.

Information is from the Fair Work Ombudsman www.fairwork.gov.au

What do I do if my rights aren’t being met?

n Contact your union (see page 12for details).n If you’re on a 457 visa, call theACTU’s Confidential Hotline for 457visa-holders on 1300 362 223. n Make a complaint, including anunfair dismissal claim, to the FairWork Ombudsman (free service) atwww.fairwork.gov.au or 13 13 94.n If your sponsoring employer isnot meeting their obligations in linewith your visa you should contactDIAC on www.immi.gov.au or 131 881.

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Under Australian law, 457 visa-holders must receive pay andconditions at least as good asAustralian workers doing the samework at the same workplace

The Worker Protection Act 2008 aimsto protect you from exploitation.Under these laws, your sponsor mustprovide you with the same terms andconditions as Australian workers performing the same work in thesame workplace. These laws alsogive the Department of Immigrationand Citizenship (DIAC) powers tomake sure that sponsors arecomplying with their obligations.

RIGHTS AT WORKHow much should I be paid?457 visa workers must receive thesame wages and conditions ofemployment as Australian workersdoing the same job at the sameworkplace – this is referred to as themarket salary rate.

How do I know what the marketsalary rate is?The market salary rate is the wagesand conditions (including hours ofwork) that the employer currentlyprovides to Australian workers doingthe same work in the same workplace.These wages and conditions ofemployment may be set by an award,collective agreement or common lawcontract.

What if there are no Australianemployees doing the same job?If there are no Australian employeesdoing the same work at the sameworkplace, the employer must identifythe market rate. They may refer to anapplicable award or agreement, or ifnecessary, to remuneration surveys orearnings data. The DIAC must besatisfied that the rate nominated by theemployer is fairly set.

What is the Temporary SkilledMigration Income Threshold?The indexed Temporary SkilledMigration Income Threshold (TSMIT)was raised to $51,400 from 1 July2012. New visas will not be grantedwhere the market rate is below theTSMIT.

What money can be taken out of mysalary?Employers must not seek to recoverany recruitment costs, visa fees ormigration agent fees. Employers who

try to recover these costs are in breachof their sponsorship obligations andDIAC can impose sanctions on them.Employers also have an obligation topay for the cost of return travel to thevisa-holder’s home country.Any other deductions, including foraccommodation, can only be madewith the understanding and writtenagreement of the 457 visa holder.These deductions must be reasonableand provide a benefit to you.

How often should I be paid?Your sponsoring employer must payyou on a weekly, fortnightly or monthlybasis, depending on the standardpractice in the workplace.

What do I need to know aboutsuperannuation?In most cases your sponsor must paysuperannuation (pension) contributionsfor you. These amounts must not bededucted from your salary and must bepaid directly by your sponsor to yoursuperannuation fund.

I signed an employment contractwhen I was overseas. Is it valid inAustralia?Any contract you signed with yoursponsor or employment agency whenyou were overseas is only enforceablein Australia as long as it complies withAustralian laws. When working inAustralia on a Subclass 457 visa, youare entitled to the same workingconditions as Australian permanentresidents and citizens.

Can I bring my family dependants toAustralia with me? Are they allowedto work?You can bring members of your familyto Australia providing they satisfy therequirements for the visa, including theagreement of your employer to sponsorthem. Your dependants are eligible to

work and study in Australia withoutrestrictions. If your dependants chooseto study, they may be required to payinternational student fees.

Can my employer sack me?Employers can only sack or lay off 457visa workers in the ways allowed byAustralian laws or the relevant awardor enterprise agreement. You areprotected from unfair dismissal to thesame extent that Australian workersare protected.

Can my employer cancel my visa, orhave me deported?No. Employers can’t cancel visas orhave people deported. However, anemployer who has sponsored a 457visa-holder must notify the DIAC if thevisa-holder stops working for them.DIAC will give you 90 days to find anew sponsor or apply for another kindof visa. If the 457 visa-holder does notfind a new sponsor or apply for a newvisa, their visa may be cancelled by theDIAC and they will have to leaveAustralia.

Do I have the right to change jobs?Yes. A new employer must have anomination for the 457 visa holderapproved and then you can start workwith the new sponsor.

Can I apply for permanentresidence?Yes. If your sponsoring employeragrees they can sponsor you forpermanent residence. In some casesyou may be able to meet the criteria fora permanent visa without needing asponsor. Contact the DIAC on 131 881to discuss your options.

HEALTH SERVICESDo I need private health insurance?

Your rights on a 457 visa

9

Yes. You must maintain private healthinsurance as a condition of your visa.The requirement to have private healthinsurance also applies to familymembers. It is also acceptable for anemployer to agree to pay healthinsurance as part of the employment contract.

What about Medicare?Most people on 457 visas are noteligible for Medicare coverage.Workers on 457 visas and their familieswho are not eligible for Medicarecoverage can seek an exemption fromthe requirement to pay the Medicarelevy. They need to obtain a MedicareLevy Exemption Certificate and supplythis with their tax return. Forinformation on how to obtain thisCertificate, call 1300 300 271 or visitwww.medicareaustralia.gov.au.

IF YOU LOSE YOUR JOBI’ve lost my job. What happens now?If you have lost your job, there arethree options available to you:n Find another employer who is willingto sponsor you and apply for anotherSubclass 457 visa to work for that newemployer.n Apply for permanent residency viathe Employer Nomination Scheme(contact DIAC to discuss). n Apply for another type of visa thatyou may be eligible for. For example, ifyou want to study, you can apply for astudent visa, or if you want to have aholiday before returning home, for avisitor visa.

For more information visit the DIACwebsite at www.immi.gov.au orphone 131 881.

Your rights on a 457 visa

Unions have campaigned against theabuse of the 457 visa program by someemployers, and this campaigning hashelped bring about increased safeguardsand protections for temporary migrantworkers.Migrants have made enormouscontributions in all aspects of Australiansociety, including the trade unionmovement. We are not opposed toimmigration, or to migrant workers. We are opposed to businesses exploiting the system to put skilledmigrant workers in a vulnerable position;undercut pay and working conditions inAustralia; and deny local workers jobopportunities.

We have four major concerns:1. That there are serious instances ofexploitation of some migrant workers bytheir employers. This includes workersbeing underpaid, denied basicentitlements, and forced to takedangerous risks for fear of theirresidency rights being revoked.2. That this exploitation leads to thelowering of wages and conditions acrossthe entire work force that have beenhard-fought for and won by unions overdecades.3. That Australian citizens andpermanent residents are being turnedaway from jobs they are qualified for.4. That businesses are using the 457system to evade their socialresponsibility to contribute to the skills

training of young Australians, forexample by training apprentices.

What is the union movement’s view of457 visas?The reasons why temporary workers arevulnerable to exploitation andunderpayment were investigated anddocumented in the 2008 Government-commissioned Deegan Review of the457 visa system, which pointed to thehigh degree of power employers wieldover guest workers in relation to theirresidency rights.This is an industrial issue, not amigration issue. Unions support thelimited use of 457 visas after there havebeen checks that skills shortages arereal and that local workers are not beingavoided. We are in favour of increased

permanent skilled migration in thesecases. Unions want to see businessesadvertising locally, training apprenticesand employing permanent workers. Theunion movement is campaigning for theGovernment to ensure employerscomply with existing laws.

Unions are on the frontline ofdefending migrant workersThe Deegan Review led to a majorreform of the 457 visa program in 2009which included the payment of marketrates to 457 visa-holders and the abilityfor 457 visa-holders to change jobwithout applying for a new visa.Not only has our campaigning helpedbring about changes in Governmentpolicy that has improved the situation fortemporary migrant workers, but unionsacross Australia have worked to defendthe rights of individuals and groups ofmigrant workers on a daily basis.There have been numerous cases ofunions winning significant amounts ofback pay for migrant workers who havebeen underpaid. There have even beenseveral instances of union organiserstravelling to airports to block employersfrom attempting to send migrant workershome.Unions believe that all workers inAustralia, no matter where they’re from,should have equal rights to decent payand conditions and to be treated fairly at work.

Standing up for migrant workers’ rights

“Employerscan’t cancel 457 visas orhave peopledeported”Information is from the DIAC websitewww.immi.gov.au and the AustralianManufacturing Workers Union ‘457 VisaHandbook’ www.amwu.org.au

The ACTU has launched a confidential hotline to provide advice and assistance to 457 visa-holders

ACTU Confidential Hotline for 457 visa-holders: 1300 362 223

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Workplace health and safetyauthorities in each state andterritory and Safe WorkAustralia have responsibilitiesfor enforcing workplace healthand safety legislation. Theyprovide education, trainingand advice on health andsafety at work.

Australian Capital TerritoryWorkSafewww.worksafe.act.gov.au(02) 6207 3000

New South WalesWorkcoverwww.workcover.nsw.gov.au13 10 50

Northern TerritoryWorkSafewww.worksafe.nt.gov.au1800 019 115

QueenslandWorkCoverwww.workcoverqld.gov.au1300 362 128

South AustraliaSafeWorkwww.safework.sa.gov.au1300 365 255

TasmaniaWorkSafewww.worksafe.tas.gov.au1300 776 572

VictoriaWorkSafe www.worksafe.vic.gov.au(03) 9641 1444 / 1800 136 089

Western AustraliaWorkSafewww.worksafe.wa.gov.au1300 794 744

Safe Work AustraliaNational policy setting bodyCall 1300 551 832www.safeworkaustralia.gov.au

Health & Safety Authorities

Mind your head... and mind your mates.

Suicide prevention and mental health support in Australia:

Lifeline – 24-hour nationwide crisis support and suicide prevention. Ph 13 11 14. www.lifeline.org.au

Beyond Blue – depression and anxiety. Ph 1300 22 4636. www.beyondblue.org.au

Headspace – National Youth Mental Health Foundation (12-25 years).Ph 1800 650 890. www.headspace.org.au.

OzHelp – suicide prevention & support for workers in construction & mining. Ph 1300 694 357. www.ozhelp.org.au

Stay safeEvery employer has alegal obligation toensure their employeeswork in a safe andhealthy environment.

Employers mustprovide you with: n Safe workplacesn Safe machinery andmaterialsn Safe systems of workn Information, instruction,training and supervisionn A suitable workingenvironment and facilities.

My workplace is unsafe.What should I do?If you feel that yourworkplace is unsafe, oryou have received notraining on workplacesafety issues, you shouldcontact your union or thestate workplace safetyauthority immediately.

Safety in building andconstructionWorking in the buildingand construction industrycan be dangerous.Employers and workersmust manage hazardsand risks to preventdeath, injury and illness.Things that may be causefor concern in the building

and construction industryinclude:n Demolition workn Asbestos removaln Underground servicesn Excavationsn Working at heightsn Extension laddersn Trestle ladder platformsn Erecting anddismantling scaffoldingn Falling objects.If you work in building andconstruction and yourworkplace is unsafe,contact your union or thestate workplace safetyauthority immediately.

Union sites are safersitesStatistics consistentlyshow that sites that havea strong union presenceare safer than non-unionised sites as aresult of the health andsafety work carried out bythe union representatives.Stay safe, join the unionand work on a union site.

Irish government traveladviceFor a full run-down ofadvice and travel tipsfrom DFA for Australia,visit: www.dfa.ie/home/index.aspx?id=8602

Wear sunscreen. Seriously, like.

During the daily sunprotection times (usuallyaround 9am-3pm):n Wear sun-protectiveclothing that covers asmuch skin as possible.n Wear SPF30 or highersunscreen. Apply 20minutes before you gooutdoors and reapplyevery two hours.n Wear a hat that protectsyour face, head, neck andears.n Seek shade.n Wear sunglasses.

Visit www.sunsmart.com.au for more info

Information is from Young Worker Toolkityoungworkertoolkit.youth.gov.au

Get connectedFáilte! It can be tough leaving your family and friends behind and moving to another country. There is awell-established Irish community across Australia that can be a great source of help for new arrivals whoare settling in – providing practical advice and assistance as well as social support. A number of community,cultural, sports and welfare organisations are listed below, so get in touch.

NATIONAL

Irish Embassy20 Arkana StYarralumla Canberra ACT 2600(02) 6273 3022 Fax: (02) 6273 3741www.embassyofireland.au.com

Gaelic Football and HurlingAssociation of Australasiawww.gaelicfootball.com.au

Irish EchoNational Irish-Australian newspaper, based in Sydneywww.irishecho.com

Comhaltas AustraliaAustralia@comhaltas.net

Irish Australia Chamber ofCommercePhone: (03) 9909 7750office@irishchamber.com.auirishchamber.com.au

Australian LGBTI communityNational news, events, etc.www.samesame.com.au

WESTERN AUSTRALIA

Irish Club of WA61 Townshend Rd, Subiaco,Perth, WAPhone: (08) 9381 521www.irishclubofwa.com.au/

Claddagh AssociationIrish emigrant welfarePh: 0403 972 265support@claddagh.org.au

www.claddagh.org.au

Irish Families in PerthConnect through Facebookirishinperth@hotmail.com

GAA Perthwww.gaelicfootball.com.au/WA.html

Irish Scene magazinewww.irishscene.com.au

NEW SOUTH WALES

Consulate General ofIrelandLevel 26, 1 Market StreetSydney NSW 2000(02) 9264 9635Fax: (02) 9264 9740www.irishconsulatesydney.net

Gaelic Club of Sydney1st Floor, 64 DevonshireStreet, Surry Hills, NSW 2010(02) 9212 1587 www.gaelicclub.com.au

Irish National AssociationBased in Gaelic Club ofSydney, see above

Sydney Irish Language Schoolwww.irishlanguageschoolsydney.org.au

GAA NSW www.gaansw.org.auinfo@gaansw.org.au

Irish Australian WelfareBureau NSW2 Wellington Street, Bondi,

Sydney NSW 2026 (02) 9300 8019iawb@bigpond.net.auwww.iawb.org.au

VICTORIA

Celtic Club316/320 Queen St Melbourne VIC 3000 (03) 9670 6472info@celticclub.com.auwww.celticclub.com.au

GAA VictoriaGaelic Park Inc. 324 PerryRoad, KeysboroughVictoria 3173(03) 9798 2752enquiries@gaavictoria.org.au www.gaavictoria.org.au

Irish Australian WelfareBureau Melbourne (03) 9482 3865

QUEENSLAND

Queensland Irish Association and Irish Club175 Elizabeth Street Brisbane QLD 4000(07) 3221 5699reception@queenslandirish.com

Mount Isa Irish Club1 Nineteenth AvenueMount IsaQLD 4825 (07) 4743 2577mtisairishclub@hotmail.com

GAA Qldwww.gaelicfootballqld.com.au

Irish Australian Support Association QldIrish emigrant welfare groupinfo@iasaq.com.au www.iasaq.com.au

SOUTH AUSTRALIA

Irish Australian Association13-15 Carrington St AdelaideSA 5000(08) 8212 3767 irishclubsa@gmail.comwww.irishclub.org.au

Gaelic Football & HurlingAssociation of SAwww.gaelicfootballsa.com.auinfo@gaelicfootballsa.com.au

AUSTRALIAN CAPITALTERRITORY

Canbera Irish Club6 Parkinson StreetWeston, ACT, 2611(02) 6288 5088www.irishclub.com.au

NORTHERN TERRITORY

NT Irish Association(08) 8983 1247

TASMANIA

Irish Association ofTasmaniaNew Sydney Hotel87 Bathurst Street, Hobart Tasmania 7000(03) 6234 4516

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Join online or phone uswww.unionsaustralia.com.au

1300 486 466

Join your Unionwhen you arrive

Make sure your rights at work in Australia are protected

USEFUL CONTACTS

Department of Immigration and Citizenship (DIAC)Ph 13 18 81. www.immi.gov.au

DIAC’s Translation and Interpreting ServicesPh 13 14 50. www.immi.gov.au/tis

Australian Taxation OfficeSuperannuation: Ph 13 10 20.General: Ph 13 28 61. www.ato.gov.au

Fair Work Commission

National workplace relations tribunal.Look up awards, agreements andother information online.www.fwa.gov.au

Fair Work OmbudsmanWorkplace regulator. Provides freeadvice and information on Australia’sworkplace rights and laws andinvestigates complaints, includingunfair dismissal claims.Ph 13 13 94. www.fwo.gov.au

Australian Human Rights CommissionIf you believe you have been

discriminated against. Ph 1300 656 149. www.hreoc.gov.au

Young Worker Tool KitWeb-based information resource foryoung people entering the work force. youngworkertoolkit.youth.gov.au

Office of the Migration Agents Registration Authority Ph 1300 22 62 72. www.mara.gov.au

Job Search – Harvest Trail Links job seekers with harvest jobs. Ph 1800 062 332jobsearch.gov.au/harvesttrail

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