In 2013 an amendment was passed to the Australia Migration Act making it illegal for Australian employers to employ those who do not have the right to work in Australia. And to ensure that they are employing the right persons, employers have to check whether migrant workers have the exact papers and are well within the work rights.
To carry out its purpose of ensuring that work rights are met with diligence, the Australian Govt. has empowered Fair Work inspectors with more powers to check. In order to comply with the laws bosses need to carry out the following checks periodically:
- Workers possess the right sponsorship or valid visas.
- Have knowledge of the more commonly used visas such as temporary subclass 457 visa, regional sponsored visa and general skilled migration visa.
Obligations that an employer should follow to ensure that his employees have work rights in the country:
- Maintaining employee records which shows that they are residents of Australia or they have a PR status
- Keeping records of all the temporary workers hired
- Making sure that temporary visas against visa entitlement verification system are valid every three months
Those employers that have sponsorship agreements to hire migrant temporary workers need to go the extra length to see:
- Employees are paid as per the existing market rates
- Travel charges are covered
- Proper training and other formalities provided to migrants and Australian workers to begin work
Employers who have been observed not following the steps could be fined heavily or imprisoned for 5 years.
News Source: Work Permit
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