When it comes to locally engaged staff employing overseas workers in Australia, there are two primary ways to go about it:
- Employing a Non-Citizen Already in Australia:
- If you wish to hire someone who is already in Australia, you can employ a non-citizen whose visa allows them to work. This category includes individuals such as international students or working holiday visa holders.
- Make sure to check the conditions of their visas to understand any specific requirements you need to meet as an employer. Keep in mind that even if a non-citizen has work rights in Australia, there may be restrictions on the amount and type of work they can undertake. For instance:
- Student visa holders are generally allowed to work up to 40 hours per fortnight.
- Working holiday visa holders can typically work for the same employer for a maximum of 6 months.
- If you’re considering hiring someone who already holds an Australian visa, refer to the Hiring someone in Australia step-by-step guide provided by the Department of Home Affairs.
- Sponsoring a Skilled Worker from Overseas:
- Alternatively, you can sponsor a skilled worker who resides overseas or temporarily in Australia. This involves obtaining a work visa for them on either a permanent or temporary basis.
- The Department of Home Affairs manages and administers work visas for overseas workers. If you’re thinking of sponsoring someone, explore the various visa options for workers, understand the associated costs, and learn how to sponsor an individual.
- For professional advice, consider consulting a registered migration expert. You can search for an agent on the Office of the Migration Agents Registration Authority website.
Employer Obligations:
- As an employer, it’s crucial to ensure that your employees are eligible to work in Australia. Here are some key steps:
- Check Visas:
- Use the free online service Visa Entitlement Verification Online (VEVO) to verify if your employees are eligible to work in Australia.
- Be aware of any specific requirements related to their visa conditions.
- Entitlements, Tax, and Super:
- Migrant workers, including working holiday makers and international students, have the same workplace rights as other workers in Australia, including equal pay rates.
- Use the Employment Contract Tool to create a contract that aligns with entitlements under the Australian Fair Work system.
- If you employ working holiday makers, note that a special tax rate applies. Check your tax and super obligations for working holiday makers on the Australian Taxation Office website.
- Check Visas:
State and Territory Resources:
- Each state or territory provides information to help you sponsor and employ overseas workers. Here are some resources:
- ACT: Business Development
- NSW: Business Migration
- QLD: Business and Skilled Migration
- SA: Business Migration
- TAS: Skilled Migration
- VIC: SkillSelect
- WA: Information for Employers
Who represents employers in Australia
- Australian Federation of Employers & Industries (AFEI):
- The AFEI is one of the largest and most influential business advisory organizations in Australia. Their entire staff and resources are dedicated to helping employers and safeguarding their interests. They provide advice, training, and services related to employment law, workplace management, dismissal, and more. AFEI simplifies complex employment laws and regulations for businesses.
- Australian Industry Group (Ai Group):
- The Ai Group is Australia’s peak industry association, acting on behalf of businesses for over 150 years. As the country’s only truly national employers’ organization, they provide support, advocacy, and representation for employers across various industries.
- Employer Associations:
- These organizations are established to protect the interests of their members (employers). There are different types of employer associations available based on the industry in which the employer operates. They offer resources, guidance, and advocacy for employers.
- Trade Unions (for employee representation):
- While trade unions primarily represent employees, they also play a role in workplace bargaining. Under the Fair Work Act 2009, unions have significant influence in workplace negotiations, even though their capacity to organize strikes has diminished over the years.
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