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Stop student exploitation – Know your work rights

FINDING a part-time job can be a challenge – and it’s not the only one you could face in the work place. Knowing what your rights are is extremely important to keep you from being unknowingly exploited. Ernest Lee investigates.

international-students-work-rights

One of the many reasons international students come to Australia is to gain new experiences. Often, that includes looking for part-time work.

If you are looking for or working in a casual or part-time job, it is important to find out what your rights as an employee are because occurrences where employers underpay and exploit their staff are increasingly common and often many cases goes unreported.

Startlingly, statistics from workers’ union United Voice show that 79 per cent of international students said they know little or nothing about their rights at work.

They also found that a quarter of international students receive $10 or less an hour, and 60 per cent earned less than the minimum wage, which is currently $16.37 an hour in Australia. Additionally, 76 per cent of international students did not receive penalties for weekend or night work.

Recently in the news, Mariana Market, Adelaide’s largest Asian grocery store was caught exploiting five international students as reported by the Herald Sun.

The Fair Work Ombudsman revealed that the grocery store on Grote Street underpaid seven staff, including the five international students, a combined total of more than $23,000.

The owner, Mr Khai Khuu was previously warned for keeping poor records and non-payment of wages in November 2012 and was investigated due to more complaints from staff early last year.

Thomson Ch’ng, President of Council of International Students Australia said that the issue of underpaying international students has been around for quite a while.

“It is too common, to the point where everyone thinks that it is alright to be paid at the rate which is clearly below the minimum wage set out in the regulation,” he told Meld.

In Victoria, the Fair Work Ombudsman has accused the owners of the Gloria Jeans franchise in Caulfield East for underpaying their employees, many of whom were international students.

In many instances, international students deter from proper jobs and would rather be underpaid because of restrictions in their visas or they have a poor command of the English language and do not fully understand their rights.

Mr Ch’ng said that international students should not compromise being exploited by employers just because their English skills may be limited.

“There needs to be more investment into support systems to assist them (international students) and empower them to stand up against exploitation,” he said.

There have also been incidents where some employers hire employees as independent contractors to avoid paying them the minimum wage.

This is called ‘sham contracting’ and it is against the law.

An international student, who did not wish to be named, told Meld his account on doing trial work for a large supermarket in Melbourne.

He was not paid for the trial work he completed and subsequently was not hired by the supermarket.

However, he did not feel cheated and instead took it as a learning experience because he was not aware of his working rights and did not know that unpaid trial work is illegal.

According to the Fair Work Ombudsman website, it states that no trial work should be unpaid.

Prior to finding work, international students need to protect themselves from such exploitations by first finding out information regarding their rights. If you are unsure, bring your questions to your university’s career office.

Information can also be easily found online on Fair Work Ombudsman’s website regarding everything you need to know about working in Australia.

If you feel that you have been a victim of such exploitation by an employer, do not hesitate to contact Fair Work Ombudsman immediately.

The Fair Work Ombudsman has also recently established an Overseas Workers’ Team. A free interpreter service for those from non-English speaking backgrounds is available by calling 13 14 50 and information about workplace laws is translated into 27 different languages at www.fairwork.gov.au/languages.

You can also follow the Fair Work Ombudsman on Twitter or Facebook for further information.

Have you experienced workplace exploitation, or know of someone who has? Share your story with us in the comments section below.

5 total comments on this postSubmit yours
  1. I knoe a case of a frien who was being exploited he went to fair work and they told him its nothing much they can do . I dont tjink there is a real protection for international students

  2. I did a trial in the Cafenatics in Docklands, next to the Ethiad Stadium. (Melbourne). The didn’t paid me, made me work 3 hours with no water or food.
    Worst experience. I contacted Paula Chen, who I believed is in HR Cafenatics and she responded to me that that Cafenatics is not running by the head office so that I should contact the guy that didn’t paid me, Nick the manager. He didn’t responded my e-mails.
    Awesome.

    Go Cafenatics.

  3. All students have rights in Australia, if not sure ask someone, a colleague, student friend or official e.g. Ombudsman, or student care in each state, more info http://aiec.hu/en/australian-employment-work-jobs

  4. I made a few complain to Fairwork Australia about unpaid wages,unpaid trials and being treated like a slave.THEY DON T DO ANYTHING.the last tiME i WAS TOLD TO NOT MAKE MORE COMPLAINs,BECAUSE NOW WHAT THEY DO IS EDUCATE WORK PLACE.BULLSHITS.
    i WORKED IN perri pizzeria e cucina in Northcote,I washed dishes and he owe me 250 dollars.the Fairwork Ombussman did nothing,nothing!!! Miam cleaning pty ltd owe me more than 4000 dollars,guess what, Fairwork cannot do nothing.So He declared his business in liquidation and deregister is business(now you can find him as: Miwf services pty ltd.I was working at cafe 401 and Bistro Vue in melbourne.yes ,Shannon bennet restaurant.Ilyas mohamed is an exploiter.He underpay and exploit and he provide workers to restaurant and cafes in melbourne,hiring studentsbackpackers,underpay them or breaching the law by making studnet work more than the time they are allowed.

    • well it does take them months to investigate the issue.

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About

Meld Magazine was incorporated as an independent not-for-profit media outlet in September 2008 to reach out to international students in Melbourne, and provide students the opportunity to gain real work experience.

Many international students live in or around the city because of the proximity to their colleges and universities, and that was where we decided to focus our efforts first. Many of us live, work and study locally too. Our editorial team is made of both local and international students, and it has worked to our advantage in providing local content in every sense of the word.

Meld Magazine – Melbourne's international student news website © 2016 All Rights Reserved