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Employers new to the world of employer-sponsored visas often ask me this question. They believe that as employers of visa holders, there are special considerations that apply to them in addition to those that would apply in any employer / employee relationship.
I can understand their belief, since there have been periods in Australian migration history when employers have been obligated to assist with the settlement of their incoming workers. They have been required to provide short term accommodation, arrange transit arrangements and help with setting up bank accounts etc. There may still be a few situations (such as Project Labour Agreements) where such obligations are imposed on employers, but for the vast majority of employers; these are a thing of the past.
I can also understand why an employer may believe that they will be subject to obligations over and above those set out in the Fair Work act and other HR laws that apply in Australia. The visa holders are in an inherent position of weakness when compared to the employer. This may be their first trip outside their home country and with poor English they will be very much reliant on their employer to ensure that they are properly paid and that the terms of employment that apply to their Australian employees are equally applied to them.
As with all employees, the document that defines the rights and obligations of the employer and visa holder is the employment contract. This can be just be the standard full-time agreement that the entity uses for their Australian employees. As part of the visa application the employer will have to demonstrate that the salary on offer to the visa holder is the Australian Market Rate Salary. This is the amount that the employer pays or would pay to an Australian performing the same role as the visa holder. The visa application also asks the employer to confirm that the conditions of employment that apply to Australian will apply to the visa holder.
Since normal employment terms and conditions apply to visa holders, the employer can terminate the employment of a visa holder at any time provided they do so in accordance with Australian employment law. In this situation, the visa holder has a maximum of 60 days to find a new employer to employ them and to lodge a new nomination. The Labour government has recognised that this is too short a period and that the fear of not being able to find a new employer within the 60-day period forces many visa holders to remain with employers where in any normal situation, they would hand in their notice and leave. In recognition of this fact the government is proposing a 6-month period to find new employment.
As Standard Business Sponsors all entities employing visa holders are subject to general obligations. Amongst these is the obligation to ensure that visa holders are paid the same as their Australian counterparts. In addition, the employer is obliged to pay for the return airfares to their country of origin if requested to do so.
Visa holders are the same as any employee. In a happy work environment they will be a tremendous asset to the employer.
