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