VIC 457 Visa - Contracted Wages Less Due to LAFHA

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Member
19 April 2015
2
0
1
Hi,
I was on a 457 visa during 2011/2012, and was receiving LAFHA (Living Away From Home Allowance). I realised when I lost LAFHA that my employer had not been paying my contracted wages, which was also a condition of my 457 visa. On questioning this I was told that this is standard company practice. I've since had my employment terminated, and as I'm over the high salary threshold I'm told I have no rights. How do I claim my salary as I feel that the company broke the terms and conditions of my employment.
 

Ivy

Well-Known Member
10 February 2015
498
87
789
Hi there,

I am not too familiar with the various visas and working conditions of visas so I'm not sure how much help I can give, but seeing as no one else has responded yet, have you been in contact with Fair Work Australia or the Fair Work Commission? If you have signed a contract agreeing to a certain salary then you are generally entitled to claim that amount.

What "standard practice" was your employer referring to? Was this condition set out in the Enterprise Agreement or Award?