Your Pay and Workplace Rights as an International Student in Australia and New Zealand
Your workplace rights as an international student in Australia and New Zealand: the legal minimum wage, casual loading and penalty rates, payslips, superannuation, and what to do if you are underpaid.
Last updated
Key facts
- Australia authority
- Fair Work Ombudsman (fairwork.gov.au)
- New Zealand authority
- Employment New Zealand (employment.govt.nz)
- Core principle
- International students have the same minimum workplace rights as everyone else, regardless of visa status
- Australia pay floor
- National Minimum Wage plus modern awards (with casual loading, penalty rates and allowances) — figure set annually
- New Zealand pay floor
- Legal minimum wage (adult, starting-out, training rates) — figure set annually
- Wage figures
- Deferred — a legal minimum exists; verify the current rate on Fair Work / Employment NZ. This is general information, not financial advice
You have the same rights as everyone else
The single most important thing to know is this: as an international student, you have the same minimum workplace rights and protections as any other worker in Australia or New Zealand. These rights apply regardless of your visa status.
That means an employer cannot legally pay you less, deny you entitlements, or treat you as "cheaper" because you are on a student visa. The law sets a floor that no agreement — even one you signed — can go below.
This guide is general information, not financial or legal advice. It explains the entitlements and where to check them; for your own situation, use the official Fair Work Ombudsman (Australia) or Employment New Zealand (New Zealand) resources.
The legal minimum wage (and why we don't state a number)
Both countries have a legal minimum wage that is reviewed and updated every year. Because the exact figure changes annually — and, in Australia, varies by the applicable award — we deliberately do not print a wage number here. Always confirm the current rate on the official source before you accept a job or check a payslip.
- Australia — there is a National Minimum Wage, and most jobs are also covered by a 'modern award' setting a minimum for that industry or occupation. Your pay must meet the higher of the two that applies to you.
- New Zealand — there are three minimum wage types: adult, starting-out and training. The adult rate applies to most employees aged 16 and over; the others apply only in specific defined situations.
- Cash-in-hand or a 'flat rate' below the legal minimum is not lawful — the floor applies even if you agreed to less.
Loadings, penalty rates and entitlements (Australia)
In Australia, the modern award covering your job often gives you more than the base rate. Many student jobs are casual, and casual employees are generally paid a casual loading on top of the base rate (in place of paid leave). Awards frequently add penalty rates for evenings, weekends and public holidays, plus allowances for particular duties.
The Fair Work Ombudsman gives the example of a student in a fast-food role who is entitled, under the relevant award, to penalty rates for a Saturday and for late-evening work — an employer cannot pay a flat rate below what the award requires.
You are also generally entitled to superannuation (retirement savings your employer pays on your behalf) and, if you are not casual, to paid leave. Check the exact entitlements for your role using the Fair Work Ombudsman's pay tools.
Minimum rights and payslips (New Zealand)
In New Zealand, all employees are entitled to minimum employment rights that an employer cannot contract out of, even by agreement. These include at least the minimum wage, paid annual holidays and public holidays, sick leave, and other leave where you meet the conditions. Migrant workers — including international students — have the same minimum rights as New Zealand workers.
On payslips, note a practical difference: New Zealand does not legally require an employer to give a payslip (unless your employment agreement says so). However, you are entitled to information about your pay, so if you do not receive a payslip (or it lacks detail) you can ask your employer for the wage and time records they are required to keep.
New Zealand also has specific migrant-protection law — the Worker Protection (Migrant and Other Employees) Act 2023 — reflecting that exploiting migrant workers is taken seriously.
Records, payslips and keeping proof (Australia)
In Australia, employers must keep accurate time-and-wages records and must give employees a payslip (generally within one working day of payday) showing details such as the pay period, gross and net pay, and hours. Keeping your own copies of payslips, rosters and any messages about hours is one of the best ways to protect yourself.
Good records make it far easier to spot underpayment — for example, if your payslip shows a flat hourly rate but you worked weekends or late nights that the award says attract penalty rates.
If something looks wrong, the Fair Work Ombudsman's website has free pay calculators and record templates. This is factual guidance, not financial advice — use the official tools for your exact figures.
If you are underpaid or mistreated
You have recourse, and using it will not, by itself, put your studies or visa at risk for asking about your rights.
In Australia, you can contact the Fair Work Ombudsman for help to recover your minimum entitlements. Critically, the FWO makes clear that migrant workers can seek help to get their entitlements even if they have breached a visa condition (such as a work-hour limit), and that you cannot get in trouble or have your visa cancelled simply for contacting the FWO to ask about your pay or rights.
In New Zealand, Employment New Zealand provides free information and a process for resolving employment problems, including a dedicated focus on migrant exploitation. In both countries, start by raising the issue with your employer in writing; if that does not resolve it, use the official body. This is general information — for a serious or complex problem, seek help from the relevant official service.
Frequently asked questions
Do I get the same pay rights as local workers if I'm on a student visa?
Yes. International students have the same minimum workplace rights and protections as any other worker, and these rights apply regardless of visa status. An employer cannot lawfully pay you below the legal minimum or deny you entitlements because you are an international student.
What is the minimum wage in Australia or New Zealand?
We do not print a figure because the legal minimum wage is reviewed and changes every year (and in Australia also depends on the award that covers your job). Always check the current rate on the Fair Work Ombudsman (Australia) or Employment New Zealand (New Zealand) website before accepting a job. This is general information, not financial advice.
What are casual loading and penalty rates?
In Australia, casual employees are generally paid a casual loading on top of the base rate in place of paid leave, and modern awards often add penalty rates for evenings, weekends and public holidays, plus allowances. The Fair Work Ombudsman's pay tools show the exact entitlements for your specific role and award.
Am I entitled to a payslip?
In Australia, employers must give employees a payslip (generally within one working day of payday) and keep time-and-wages records. In New Zealand, a payslip is not legally required (unless your employment agreement provides for one), but you are entitled to information about your pay and can ask your employer for the wage and time records they must keep. Keep your own copies either way.
What can I do if I'm underpaid?
Raise it with your employer in writing first. If unresolved, in Australia contact the Fair Work Ombudsman — you can seek help to recover entitlements even if you breached a visa work-hour condition, and you won't be penalised simply for asking about your rights. In New Zealand, use Employment New Zealand's problem-resolution process, which includes a focus on migrant exploitation.
Official sources
This guide explains the process and is for guidance only. Eligibility, dates, fees and rules change every year — always confirm the current details on the official site before you act.
Verified against: Fair Work Ombudsman — International students fact sheet; Fair Work Ombudsman — Young workers and students: pay, entitlements and working conditions; Employment New Zealand — Employee rights and responsibilities; Employment New Zealand — Minimum wage rates and types; Employment New Zealand — Migrant exploitation.
Last verified: 3 July 2026.
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