Individuals employed by embassies and consulates or their officers in Australia can be covered by the Fair Work Act. This may include employees in Australia who are visa holders. An award may also cover these employees, depending on the type of work they do.

Foreign states and consular officers and Australian Law

While in Australia on diplomatic and consular business, foreign states or consular officers may be subject to requirements under Australian law in circumstances that concern:

• the employment of a person under a contract of employment made in Australia, or
• the employment of a person under a contract of employment to be performed wholly or partly in Australia.

Domestic workers on a subclass 403 visa

Employees can be engaged overseas to work for a consular officer in their household in Australia. For example, a consular officer may engage a private domestic worker to work in their private residence. These employees are commonly engaged under a sub-class 403 visa and, unless they are engaged in Western Australia, are covered by Australian workplace law and are entitled to minimum conditions under the Fair Work Act.

An award may also cover these employees, depending on the type of work they do.

Award coverage

Clerks Award

The Clerks Award covers employers in the private sector and their employees engaged in clerical work. Courts have found employees of foreign embassies or consulates who do clerical and administrative work to be covered by the Clerks Award.

Miscellaneous Award

The Miscellaneous Award can cover employees who are engaged by a foreign state or a consular officer and who do the following work:

• driving
• cooking or catering
• cleaning
• gardening or maintenance
• nanny work.

If an employee engaged by a foreign state or a consular officer is undertaking work not listed above, please contact the Fair Work Ombudsman (FWO) directly to discuss award coverage.

Award free

The Miscellaneous Award doesn't cover employees engaged in professional or managerial roles. Employees who aren't covered by the Miscellaneous Award, the Clerks Award or an industry or occupational award, are award free.

More information

Contact the FWO if you have questions or want more information.

Contact the Department of Home Affairs on 13 18 81 or visit https://www.homeaffairs.gov.au for information or advice about visa requirements.