Working holiday visas in Australia come with conditions that limit how long you can work for the same employer. Breaching these conditions can affect your visa. If your employer is asking you to work more than the rules allow, it is important to understand your rights.
What are the work hour rules on a working holiday visa?
The Working Holiday Visa (subclass 417) and the Work and Holiday Visa (subclass 462) allow you to work for any employer in Australia, but there is a condition: you cannot work for the same employer for more than six months without written permission from the Department of Home Affairs.
There is no weekly hour limit for most working holiday makers. The restriction is about duration with a single employer, not the number of hours per week. However, under Fair Work rules, full-time employees should not regularly work more than 38 hours per week plus reasonable additional hours.
What counts as the same employer?
The six-month limit applies to working for the same employer at the same location. Moving to a different branch or location of the same business may still count as the same employer depending on the circumstances. If you are unsure, check with the Department of Home Affairs or seek advice before continuing.
What to do if your employer is pressuring you
You have the right to refuse work that would breach your visa conditions. Your employer cannot force you to work beyond what your visa allows. If you feel pressured, document the request in writing and consider contacting the Fair Work Ombudsman anonymously. They provide free advice and can investigate employer conduct.
You should also be aware that it is illegal for an employer to exploit visa holders. The Fair Work Act protects all workers in Australia regardless of visa status.
Can you extend the six-month period?
In some circumstances, you can apply to the Department of Home Affairs for permission to continue working for the same employer beyond six months. This is uncommon but possible. Check the Department of Home Affairs website for current guidance.
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