For an Indian student, graduate or skilled visa holder in New South Wales, challenging an employer can feel risky—especially when a job is tied to income, study costs or a future visa plan. But visa status does not erase workplace rights, and an employer cannot cancel a worker’s visa.
NSW’s first dedicated Migrant Workers Centre gives temporary migrants another place to seek culturally sensitive, community-connected support over underpayment, unsafe conditions and workplace exploitation. The NSW Government has committed $6.5 million over four years to the service and says it is expected to assist about 2,000 at-risk workers each year.
For Indian Australians and newly arrived workers, the centre is best understood as part of a wider safety net that includes the Fair Work Ombudsman, unions, legal services and federal visa-protection pathways.
What the NSW Migrant Workers Centre offers
The centre operates from the Sydney CBD with outreach intended for metropolitan, regional, rural and remote NSW. According to the NSW Government, it is designed to help migrant workers understand their rights and get support when they experience unfair pay, unsafe work or other exploitation.
The model builds on Unions NSW’s Migrant Workers Hub and Visa Assist partnership with the Immigration Advice and Rights Centre. That work brings employment and immigration support closer together—important when a worker fears that speaking up could affect sponsorship or visa status.
Workers should check the Unions NSW Migrant Workers Hub for current access details, information sessions and referral options. Eligibility can vary between services; for example, the Hub says Visa Assist is a free service for union members.
Your basic workplace rights do not disappear on a visa
The Fair Work Ombudsman says migrant workers and visa holders have the same workplace protections as other employees in Australia. These include minimum pay, leave and other entitlements, protection from discrimination, notice of termination and final pay.
Importantly, the Fair Work Ombudsman states that:
- your employer cannot cancel your visa—only the Department of Home Affairs can grant, refuse or cancel it;
- you can contact Fair Work for information or help without your visa being cancelled simply because you sought assistance;
- workplace entitlements may still apply even if visa conditions have been breached; and
- it is illegal to demand money or a benefit in return for visa sponsorship.
Visa breaches can still have migration consequences, so a worker with a complex situation should obtain qualified immigration and employment advice rather than relying on an employer’s claims.
Warning signs Indian workers should not ignore
Workplace exploitation does not always begin with an obvious threat. Warning signs can include:
- cash payments below the lawful rate or missing payslips;
- unpaid trial work, overtime, annual leave or superannuation;
- being told to repay part of a wage in cash;
- paying an employer for sponsorship or a promised job;
- being treated as an independent contractor when the role is really employment;
- unsafe duties, inadequate training or pressure not to report an injury;
- threats about deportation, visa cancellation or adverse references; and
- bullying, sexual harassment, racial abuse or discrimination.
These problems can affect workers in hospitality, retail, construction, transport, care services, agriculture and professional workplaces. A respected job title or sponsorship promise is not proof that an arrangement is lawful.
What to collect before seeking help
You do not need a perfect file before asking for assistance, but records can make the situation easier to assess. Keep copies outside any employer-controlled device or account.
- employment contracts, rosters, timesheets and payslips;
- bank statements showing wage deposits;
- messages about hours, duties, sponsorship or repayments;
- the employer’s business name, ABN and workplace address;
- notes of dates, hours worked and conversations; and
- visa grant details and current conditions from VEVO.
Do not secretly record conversations without first checking the law that applies in your state or territory. Written notes made soon after an event can still be useful.
A step-by-step response to underpayment or exploitation
1. Check the lawful rate
Use the Fair Work Ombudsman’s Pay and Conditions Tool and compare the result with your hours and bank payments. Awards and penalty rates can make the calculation more complex than a single hourly figure.
2. Get confidential guidance
Contact the NSW Migrant Workers Centre or Migrant Workers Hub, a relevant union, a community legal centre or the Fair Work Ombudsman. If language is a barrier, call the Translating and Interpreting Service on 131 450 and ask to be connected to Fair Work on 13 13 94.
3. Raise the issue safely
If you feel safe, set out the concern to the employer in writing and keep a copy. If there are threats, serious safety issues, sexual harassment or coercion, seek advice before confronting the employer.
4. Report or escalate
Fair Work accepts requests for assistance and anonymous reports, including in languages other than English. Eligible visa holders experiencing exploitation may also qualify for federal reporting protections or the Workplace Justice Visa Pilot, but professional advice is important because the criteria are specific.
The takeaway for the Indian community
No worker should accept exploitation because an employer claims to control their future in Australia. The NSW Migrant Workers Centre adds a dedicated, community-linked entry point for workers who are unsure where workplace law ends and immigration concerns begin.
If something does not look right, preserve your records and seek help early. Community organisations can also share verified workplace-rights information with international students, new arrivals and temporary visa holders before a crisis develops.
Sources: NSW Government announcement, Unions NSW Migrant Workers Hub and Fair Work Ombudsman guidance for visa holders and migrants. This article is general information, not legal or migration advice.