Underpaid on a student or working holiday visa? Why reporting it to Fair Work won't cost you your visa
Your boss can't cancel your visa, and the Fair Work Ombudsman says contacting it won't either. Here's what to do, in order, when your pay is short, including when you've gone over 48 hours.
Your boss can't cancel your visa. Only the Department of Home Affairs can, and the Fair Work Ombudsman (FWO) says you can't get into trouble or have your visa cancelled for contacting it. Home Affairs says threatening to cancel a visa or report a worker to immigration is against the law, so "complain and I'll call immigration" is something to report, not a reason to stay quiet.
On 7 October 2026 the FWO took the former operators of two Newcastle cafés to court. It alleges they failed to comply with Compliance Notices for seven workers that inspectors believed were underpaid, all visa holders, three of them international students. The alleged total is $29,193, with $14,852 owed to one worker. The investigation began with workers asking for help, and the court hasn't ruled yet.
Short version: asking the FWO for help doesn't put your visa at risk, and you're owed your pay even if you breached a visa condition. A breach itself isn't wiped automatically. If you've gone over your hours, you need certification from the FWO or an accredited third party to ask Home Affairs for protection. This is general information, not legal or migration advice.
Contacting Fair Work is safe, but a visa breach is a separate question
Most articles blur these two things. Your pay rights hold regardless of migration status, including when you've breached a condition or don't have work rights. The FWO also says there may still be consequences under the Migration Act, and that's where the Strengthening Reporting Protections Pilot comes in. Find your row.
| Your situation | Your pay | Your visa |
|---|---|---|
| Inside your visa rules, pay is short | Owed in full | Contacting the FWO can't get it cancelled |
| Over your hours or another work condition, connected to being exploited | Owed in full | Reporting protections can stop cancellation, once you have certification and meet the conditions |
| Over your hours by your own choice, with no exploitation link | Owed in full | Don't assume the pilot covers you, because the test is a breach connected to exploitation. Get migration advice first |
| Worked on a visa with no work rights | Owed in full | Considered case by case. Get legal help before you apply |
| Visa has 28 days or less left, or ended in the last 28 days, and the claim is still running | Owed in full | A Workplace Justice visa may give you 6 to 12 months to pursue it, with certification and health insurance |
The 48-hour trap: what 12 unpaid hours are worth
The FWO's own example is Leon, a kitchen hand on a student visa whose boss rostered him for 60 hours a fortnight, paid for 48, and said the visa meant the other 12 weren't payable. The FWO's answer: going over may breach the visa, but Leon is still entitled to his pay. Home Affairs adds that pressuring a migrant worker to work more hours than their visa allows is against the law.
Put a casual Level 2 under the Hospitality Award in Leon's shoes, on the weekday daytime rate of $33.85. That's 12 x $33.85 = $406.20 a fortnight, or $812.40 over the two fortnights in a month, before any evening or weekend rate. How the 48 hours are counted is worth reading before your next swap.
"Visa holders should be reassured – if they speak up about workplace issues, their visa will be protected." Anna Booth, Fair Work Ombudsman, 7 October 2026
What to do when your pay is short, in order
- Save the evidence before you say anything. Screenshot the roster and shift texts, and keep payslips and bank deposits. The FWO's free Record My Hours app logs your shifts from today.
- Put a dollar figure on it. Use our line-by-line payslip check. Your payslip is due within 1 working day of payday, so a missing one is its own problem. The Hurstville takeaway case alleges exactly that, with a penalty of up to $93,900.
- Ask in writing, if it feels safe. The FWO usually encourages you to try this first. Name the shifts, the amount and a date. Asking about your pay is a workplace right, and punishing you for it is unlawful. If your shifts dry up afterwards, start a log.
- Call the FWO under your own name. Ring 13 13 94, or call 13 14 50 first for a free interpreter. Our suggestion: if you've gone over your hours or been threatened, skip step 3 and start here.
- If you've breached a condition, ask about a certificate. A Fair Work Inspector may issue one if they identify potential non-compliance. The FWO doesn't investigate every request, and no investigation means no certificate. Accredited third parties can certify too, including Unions NSW, United Workers Union, Redfern Legal Centre and the Migrant Workers Centre.
- Send the Home Affairs form. It takes 15 to 30 minutes and can't be saved part-way, so have your certification, visa details and breach details ready.
- Stay inside your conditions from now on. You have to agree to this to be covered, so no more favours that push you over.
A Fair Work anonymous report flags a venue, but it won't get your money back
The anonymous form is real and comes in other languages, but the FWO won't contact you afterwards and you can't attach documents. It feeds future education and enforcement planning. Since the certificate comes from the FWO assessing your own matter, don't count on an anonymous report to get you one either. It still suits someone who has moved on and wants the next backpacker treated better. If your passport was taken or your visa was used to threaten you, Border Watch also takes reports without your name.
The four clocks, and why the visa ones run faster
| Clock | Limit | What it means for you |
|---|---|---|
| Payslip | 1 working day after payday | Chase it the same week |
| Pay claim | 6 years | The FWO won't take older issues, and court claims have the same limit |
| Reporting protections | Exploitation in the last 12 months | Longer only in some special circumstances |
| Workplace Justice visa | 28 days left, or ceased within 28 days | Applying early in that window beats scrambling at the end |
Read that table carefully if you've been sitting on this. Eighteen-month-old underpayments can still be recoverable money and yet fall outside the normal window for visa protection. One more trap: older guides still lean on the Assurance Protocol, which the FWO says is paused while the pilots run. These are pilots, so check the current Home Affairs page before you rely on any detail.
Next time, see the pay before you say yes
Shiftly is free workforce management for venues with an on-demand staffing network built in, available along the east coast of Australia, hospitality first. Workers on the network get offered nearby shifts, see the pay before they accept and get paid fast. You're an independent contractor engaged by the venue for each shift, at rates at or above award minimums plus super, with an 8% service fee. Any hours still count toward your 48. Find shifts on Shiftly.
Frequently asked questions
Am I owed pay for student visa hours over 48 a fortnight?
Yes. Your Fair Work entitlements continue even if you've breached a visa condition, and the FWO uses that exact example. The breach is a separate matter for Home Affairs, so ask about reporting protections at the same time.
Does this apply on a working holiday visa?
Yes. Home Affairs names the Working Holiday (417) and Work and Holiday (462) visas alongside the Student (500) visa, and says the list isn't complete. Your work rights differ by visa, but the same pay rules apply.
Will reporting hurt my next visa application?
Contacting the FWO doesn't cancel your visa, but a next application is a separate decision. Home Affairs says that if you're covered by the protections, breaking work conditions "may not harm" your prospects, which isn't a promise. The FWO's certificate also isn't a recommendation to grant you a visa, so get migration advice if an application is close.
Co-founder of Shiftly. Milan works with hospitality businesses across Australia to make rostering, timesheets and award-based pay radically simpler.
