Employing Overseas Workers

All workers in Australia, including foreign workers, are entitled to basic rights including minimum pay, superannuation & the National Employment Standards.

You should check if prospective employees have a valid visa and are entitled to work in Australia before you employ them.

What you need to do:

1)     Establish validity and type of visa. Keep a copy of the visa and all documents associated with the

visa in the employee’s file.

2)     You will need a copy of the visa, related proof of identity documents and a Tax File Number form, as well as bank details & superannuation fund.

3)     Provide information to the employee:  You should provide information from Fair Work about worker entitlements & the National Employment Standards.  They are entitled to the Fair Work Information Statement, maximum weekly hours of work, flexible work arrangements, leave, public holidays, notice of termination and redundancy pay.

4)     Also let them know of their tax obligations and the employer’s superannuation obligation.

5)     On completion/termination, advise the employee about superannuation and tax.  You should advise the employee, in writing, that they need to complete a tax return at the end of the Australian financial year, and they are eligible to take their superannuation payments out of the country when they leave.

6)     You will need to issue a Payment Summary to the worker each year and on completion/termination.

Most common types of Valid Work Visas:

• 189      Skilled independent Visa                      Permanent
• 190       Skilled Nominated Visa                       Permanent
• 489       Skilled Regional Sponsored Visa          Up to 4 years
• 457       Temporary Business Visa                     Up to 4 years   
• 186       Employer Nomination Scheme              Permanent
• 187       Regional Sponsored Scheme                Permanent
• 417       Working Holiday Visa                           Specified countries; Up to 1 year 18-30yrs old
• 462       Work & Holiday Visa                            Specified countries; Up to 1 year 18-30yrs old
• 572       Student Visa                                        Duration of study; 40hrs work per fortnight
• 416       Temporary Work & Specialist                Period of Invitation (or up to 6mths for Seasonal Entry Visa Worker Program)

Different visas have different conditions governing work hours and other factors

See following links:

http://www.immi.gov.au/immigration

http://www.immi.gov.au/employers/

to check the visa details and entitlements see:  http://www.immi.gov.au/e_visa/vevo.htm