Rights and Limitations of Visa Holders in Australia's IR System

This presentation discusses the workplace rights and protections for S457 and student visa holders in Australia, as well as the limitations and stakeholders involved in rule-making. It also covers the nature of employment relationship for visa holders and the current scenario of workers' visa in Australia.

RIGHTS OF S457 VISA HOLDERS IN THE
AUSTRALIAN IR SYSTEM
• To prevent workplace exploitation there are several
workplace rights in Australia.
• Racial discrimination act protects workers on the
grounds of race, color, descent and others.
• Sex discrimination act protects workers from
sexual harassment.
• Disability discrimination act protects workers on
the grounds of their disability.
• Age discrimination act prohibits child labor.
• Workers irrespective of their caste, religion, gender,
sexual preference, origin and others, must have
equal opportunity and rights (Irving, 2013).
• Workers must be paid if they serve the organization
for extra hours.
• Equal payments irrespective of the workers’ caste,
religion, sex and others.
• Workers should have the permission for taking
leaves if he/she is unwell.
• Female workers must be allowed to take maternity
leaves.
• No workplace bullying (Reilly, 2013).

RIGHTS OF STUDENT VISA HOLDERS
• Freedom of Speech and Expression.
• Receiving accurate and current information regarding the
courses, requirements, fees structure, correct information from
the provider before enrollment.
• A written agreement with the provider’s signature, before paying
for the fees and collection of information regarding refunds.
• The students should get proper education for which they are
paying, which includes taking tuitions.
• The students must be allowed to receive refunds if he/she is
unhappy with the course he/she opted for.
• Students can lodge a complaint anytime if he/she is feels
mistreated (Robertson, 2016).
• Should have the accessibility to the right provider of education.
• Students have the right to attend the orientation programs, which
would help them understand the course they are opting in a better
way.
• It is the duty of the institution regarding the students’ wellbeing
and safety.
• Right against bullying.
• Students must have protection regarding their personal
information.
• The classroom is a place where everyone irrespective of their
caste, sex, gender, race and more, attain education. There should
be no discrimination against diversity.
• Students should have work permit (Robertson, 2012).

NATURE OF EMPLOYMENT RELATIONSHIP
FOR VISA HOLDERS
• All the workers, including foreign workers have the basic
workplace rights and protections.
• Foreign workers have a temporary long staying visa or a
permanent one.
• Workplace laws are applicable for both the foreign workers and
the residential workers.
• Foreign workers must be aware of both the workplace as well as
the immigration laws.
• Foreign workers can request for flexible arrangements during
work.
• Leaves on public holidays, long service, annual, personal and
compassionate, community service, parental and others.
• Notice before termination and should be paid for the period they
served the organization.

• Workplace protection against bullying.
• Additional pay for serving overtime, or working for extra
hours.
• Employees must receive the accurate payment or rewards,
which includes work, meetings and trainings.
• Paid with the market salary rates.
• Protection against workplace discrimination on the
grounds of race, color, sex, sexual orientation,
disabilities, marital status, origin, diversity and other
factors.

LIMITATIONS
• Foreign workers, at times, are not paid the market
salary rate.
• Insurance coverage.
• The previous working visa class for the foreign
workers is changed to a new one with new rules.
• List of occupations have been reduced .
• Limitation of the new working visa is of two years.
• Four years visa needs a quality standard of English
language among the workers.
• Deduction of payments for the workers’ benefits.

• Humanitarian visa holders and family immigrants
income less than others.
• Fiscal impact is negative among those visa classes.
• No accessibility to payments related to social welfare
and the settlement services.
• Temporary status of visa means the workers have less
probability of permanent settlement.

STAKEHOLDERS IN RULE MAKING OF
VISA HOLDERS
• Australian Prime minister.
• External Affairs ministry.
• Immigration minister.
• Government.
• Senior Financial analyst.

NATURE OF THE EMPLOYEES’ RULES IN TOP JUICE
COMPANY
• All the workers, including foreign workers have the basic workplace
rights and protections in Top Juice company of Australia.
• Foreign workers have a temporary long staying visa or a permanent
one.
• Workplace laws are applicable for both the foreign workers and the
residential workers.
• Foreign workers must be aware of both the workplace as well as the
immigration laws.
• Foreign workers can request for flexible arrangements during work.
• Leaves on public holidays, long service, annual, personal and
compassionate, community service, parental and others.
• Notice before termination and paid for the period they served the
organization.

• Workplace protection against bullying.
• Additional pay for serving overtime, or working for extra
hours.
• Employees receive the accurate payment or rewards,
which includes work, meetings and trainings.
• Paid with the market salary rates.
• Protection against workplace discrimination on the
grounds of race, color, sex, sexual orientation,
disabilities, marital status, origin, diversity and other
factors (Robertson, 2014).

CURRENT SCENARIO OF WORKERS’ VISA
• The previous working visa class for the foreign
workers is changed to a new one with new rules.
• List of occupations have been reduced .
• Limitation of the new working visa is of two years.
• Four years visa needs a quality standard of English
language among the workers.
• Deduction of payments for the workers’ benefits.
• Humanitarian visa holders and family immigrants
income less than others (Cully, 2012).

• Fiscal impact is negative among those visa
classes.
• No accessibility to payments related to social
welfare and the settlement services.
• Temporary status of visa means the workers
have less probability of permanent settlement
(Denny & Churchill, 2016).

REFERENCES
• Cully, M. (2012). More than additions to population: the economic and fiscal
impact of immigration. Australian Economic Review, 45(3), 344-349.
• Denny, L., & Churchill, B. (2016). Youth employment in Australia: A
comparative analysis of labour force participation by age group. Journal of
Applied Youth Studies, 1(2), 5.
• Irving, K. (2013). Australian students' perceptions of the importance and
existence of their rights. School Psychology International, 22(2), 224-240.
• Reilly, A. (2013). Protecting vulnerable migrant workers: The case of
international students.
• Robertson, S. (2012). Cash cows, backdoor migrants, or activist citizens?
International students, citizenship, and rights in Australia. Ethnic and Racial
Studies, 34(12), 2192-2211.
• Robertson, S. (2014). Time and temporary migration: The case of temporary
graduate workers and working holiday makers in Australia. Journal of Ethnic
and Migration Studies, 40(12), 1915-1933.
• Robertson, S. (2016). Student-workers and tourist-workers as urban labour:
temporalities and identities in the Australian cosmopolitan city. Journal of
Ethnic and Migration Studies, 42(14), 2272-2288.