What is the Fair Work Act and how does it protect working holiday makers?

What does the Fair Work Act guarantee?

The Act establishes the National Employment Standards (NES), which are 11 minimum entitlements applying to all employees regardless of visa status:

1. Maximum weekly hours of work (38 hours plus reasonable additional hours)
2. Right to request flexible working arrangements
3. Parental leave provisions
4. Annual leave (4 weeks per year for permanent employees, casual loading instead for casuals)
5. Personal/carer's leave (10 days per year for permanent employees)
6. Community service leave (jury duty, emergency services volunteers)
7. Long service leave
8. Public holidays (paid for permanent employees, penalty rates for working them)
9. Notice of termination
10. Redundancy pay (for qualifying employees)
11. Fair Work Information Statement (must be provided by employers)

Plus the right to receive at least the national minimum wage or applicable award rate.

How do the NES apply to working holiday makers in practice?

For backpackers, the most relevant entitlements are:

• Minimum wage: $24.95/hour for permanent employees, $31.19/hour for casuals (from 1 July 2025)
• Public holidays: penalty rates of around 225% when working, or paid base rate when not working (permanent only)
• Notice of termination: proper notice or payment in lieu when employment ends
• Maximum weekly hours: protection from being required to work unreasonable additional hours
• Award rates: most workers are covered by an award with rates higher than the minimum

Working holiday makers do not generally accumulate enough service to qualify for annual leave entitlements (you would need 12 months in one job), but the wage and condition protections all apply from day one.

What is the Fair Work Ombudsman?

The Fair Work Ombudsman (FWO) is the government agency responsible for enforcing the Fair Work Act. The FWO:

• Investigates complaints from workers
• Mediates disputes between employees and employers
• Takes legal action against employers who breach the Act
• Provides translated resources for migrant workers
• Has run campaigns targeting industries with high non-compliance

If you believe your rights under the Fair Work Act are being breached, get in touch with our team. We help working holiday makers identify what they are owed and raise the issue through the right channels.

Does reporting an employer affect your visa?

No. The Australian Government has specific protections for temporary visa holders who report workplace breaches:

• The Workplace Justice Visa provision allows temporary visa holders to remain in Australia to pursue a workplace complaint
• Your visa status cannot be used against you for raising legitimate concerns
• The FWO has explicit protections for migrant workers
• Reporting underpayment or unsafe conditions is your right, not a risk

This means you can address workplace issues without fearing visa consequences. We help working holiday makers raise complaints regularly and have seen many successful outcomes.