Hiring International Workers

All businesses in Australia, whether individual or body corporate, must ensure that the staff that they are recruiting can be employed legally.

 

Any Australian or New Zealand citizen or persons who are permanent residents of the country and hold valid visa’s allowing them to work are legal workers. It is crucial to remember that holder of certain visa such as visitor visas are not permitted to work in Australia.

 

Infringement warnings, as well as civil penalties, will be imposed on those hiring, contracting or even referring work for people not entitled to work within the country or even for those not allowed to engage in certain types of work.  Such a check is highly suggested as regulations state that the businesses would be held liable if they recruit illegal workers regardless whether they were in know if they were allowed to work or not. The businesses can escape from their responsibility only if they can provide evidence that they had taken adequate steps to ensure that such a case did not occur. If the business has carried out a VEVO check it can use it as sufficient evidence that reasonable steps were taken by it to avoid the hiring of illegal workers.

 

If an Australian business is looking to hire international workers, it would be advisable for them to verify whether the workers are entitled to work. Such a check should be carried out regardless of the source by which the workers are being recruited - directly or through a referral company, a contractor or an international recruitment agency.

 

To verify if the overseas staff whom the business desires to recruit is eligible to work or not, one can use the free and secure web-based service provided by the government - Visa Entitlement Verification Online (VEVO). The service would also provide details on any type of restriction a visa may carry e.g. a person is permitted to work for only six months if holding a working holiday visa. In addition, VEVO would also advise you when the visa of the temporary worker would be expiring and if the employee is eligible for continuing to work. It is important that you should check within a couple of days of the visa expiry date whether the visa allowing the staff to continue working has been granted or not.

 

The easiest way to hire skilled workers from abroad is by them under the TSS visa/ 457 visa program. Under these visa programs, workers must meet certain minimum standards including English language skills as well as health and character checks. If they meet the criteria which are determined by the Department of Immigration and Citizenship, then they can be employed for a period ranging from three months to four years.

 

If you are using the services of a subcontractor or a labour supply company on a regular basis, it would be recommended that a provision be made in the contract that they would verify the legality of the overseas workers that they are supplying, or a written assurance may be taken from them that all workers are legal and a copy of the same must be kept in your records. It would also be safe to keep a copy of all the documents that have been used to verify the legality of the employee in the record, though the same would not be essential if you have registered with VEVO. 

 

 

When it comes to agriculture recruitment, Agricrew has access to some of the best agriculture roles and the best talent. We can help job seekers find the perfect role and we can help employers to find the ideal candidate.