On 1st July 2024, the Federal Government implemented a series of changes to bolster the protection of migration workers.
As part of the Migration Amendment (Strengthening Employer Compliance) Act 2024 (read our summary here), the changes include new criminal offences for employers exploiting workers, increased penalties for breaches of work-related provisions of The Migration Act, and the introduction of a register of prohibited employers.
The Department of Home Affairs sponsor monitoring is undertaken by the Australian Border Force, and in the preceding months, they’ve engaged in a campaign to raise awareness of these changes. That being the case, they can now investigate companies to ensure sponsored employees are not being exploited. If they do so, you will have 14 days to comply with their requests.
While most employers don’t engage in exploitative behaviour, being able to prove compliance is another matter altogether. Additionally, without proper process, some items may slip through the gaps unintentionally. It’s best to prepare the correct documentation in advance and build a process to ensure it’s up to date with the latest changes.
Compliance risk assessment – documents
Employee population report
Ensure you have access to a report of all employees detailing their specifics in regard to Australian citizenship or current visa status. You should be able to produce a list of all employees, visa held, expiry date plus any work restrictions attached to their visa, including those who are not in employment anymore.
Visa holder documents
Ensure you have supporting documentation for visa holders, including up to date records of visa held, employment contracts, payslips, proof of market-rate parity, leave records, and travel reimbursement records.
Employment records & organisational chart
These will show that employees are in the correct position within the organisation, according to their nominated occupation and visa requirements.
Compliance risk assessment – process
Right to work
A person’s right-to-work status can be verified with the Department of Home Affairs VEVO system, and you need to collect written consent from candidates before verifying.
For temporary visa holders, their status needs to be checked periodically during the term of their employment. All documents relating to these verification checks need to be kept. It is insufficient to only check the right to work upon commencement of employment, as visa status can change.
Market rate parity
Every 12 months, check to ensure sponsored visa holders are being paid according to the current market rate. Because these are subject to change, it is advised this is reviewed yearly.
Sponsorship obligations
To confirm official employment obligations for visa holders, review regulations every 12 months. This includes items like duties performed, travel costs, guaranteed earnings, and events that require notification to the Department of Home Affairs.
Notification obligations and visa expiries
Processes also need to be developed to identify and manage notification obligations, along with a system to handle employees whose visas are about to expire to ensure they are renewed on time. Your migration advisor can manage these key dates on your behalf for your visa holder population.
Work condition compliance
You need to be fully aware of work conditions compliance and have a process to record work hours, location and other details and manage these for all involved.
Compliance assurance
It is a strict liability offence to allow someone to work in your organisation as an employee or contractor without a suitable visa or in breach of their visa conditions and penalties apply for each infringement by an employer. Employers who fail to comply with the Employer Sanctions legislation can also be prohibited from sponsoring workers on visas.
The Australian Border Force’s (ABF) Sponsor Monitoring Units have recently conducted a series of educational campaigns. Aimed at raising awareness of sponsor obligations, and helping organisations who employ visa holders understand the Strengthening Employer Compliance legislation.
The Migration Agency’s immigration solutions don’t stop with processing visas. Our end-to-end service includes ensuring all aspects of compliance – from the right visa to making sure visa holders are on-boarded – and continue to be employed – in line with Australian law.
We provide outsourced visa compliance checks for your visa holders. Please contact us for assistance.