Overseas workers

Overseas workers

Australian companies sometimes directly engage overseas workers to perform services for Australians. In these cases, those overseas workers may be subject to Australian labour laws. These include minimum wages and conditions, unfair dismissal remedies and other benefits enjoyed by Australian workers. If the Australian company has not paid those overseas workers according to Australian standards, the company may owe the worker back pay etc.

The Australian minimum wage is currently AUD$18.29 per hour or AUD$694.90 per 38 hour week (before tax). Casual employees covered by the national minimum wage also get at least a 25% casual loading.

Overseas workers employed by a company which is not incorporated in Australia are not subject to Australian labour laws.

If you have worked for an Australian company and think you might have been underpaid, you should contact us to find out of you are eligible for back-payment.

Examples of overseas workers who might be eligible include (must be employed by an Australian company):

  • Call centre operators
  • Web designers
  • Graphic designers
  • Programmers/developers

In order to qualify, overseas workers must:

  • Have a contract with an Australian company.
  • If there is no written contract, show evidence of being paid directly by the Australian company.
  • Be paid less than the minimum wage in Australia (as above).

Email enquiries should be directed to overseas@fglaw.com.au

Email should include detail such as:

  • Name of the company who employed you (including Australian Company Number).
  • Full copy of your contract (if you have one).
  • Any documents sent to you by the company.
  • The date you started working for this company and the date you stopped working.
  • The number of hours or days worked with the company.
  • The total amount paid to you, as well as hourly rate.