In July, several key migration changes were introduced in Australia, via the Migration Amendment Regulations, as part of the government’s broader migration strategy, HR Leader reports.
Rebecca Macmillan - Holding Redlich migration practice director - summarised the changes for HR Leader. According to Ms Macmillan, they included changed conditions for several sponsored work visas to reduce temporary migrants’ dependency on a single employer sponsor, a new Workplace Justice Visa and a new bill to amend the Migration Act.
“The Workplace Justice Visa allows temporary migrants to remain in Australia to undertake legal proceedings or file complaints related to workplace exploitation,” she said.
“The new bill seeks to extend labour market testing requirements from four months to six months as well as annual indexation of income thresholds and the publication of a register of approved sponsors.”
According to Ms Macmillan, changes were also made to the Migration Act to “strengthen protections for migrant workers reporting exploitation, making it illegal for employers, sponsors, and labour hire intermediaries to coerce or pressure temporary visa holders into breaching visa conditions or accepting exploitative work arrangements”.
In addition, the Department of Home Affairs has reportedly “ramped up” sponsorship monitoring activities, including announced and unannounced business visits. Inspectors will check compliance, including pay rates, hours worked, and sponsorship obligations.
Commenting on the changes, Rebecca Thomson - BDO migration services principal - said that the Migration Amendment Regulations have “ushered in a pivotal change”.
The changes, Ms Thomson told HR Leader, have dissolved the “golden handcuffs that once bound sponsored workers to their employers”.
“This reform enhances labour market mobility, granting temporary sponsored workers greater freedom to switch jobs and reducing dependency on a single employer sponsor,” she said.
For employers, the shift reportedly presents both challenges and opportunities.
“While it necessitates a more dynamic approach to talent retention, it also provides the chance to ‘try before they buy’ with onshore talent,” she said.
However, Ms Thomson added, employers must be “acutely aware” of the increased compliance requirements.
“Significant penalties of up to $79,200 per incident can be imposed under the enhanced employer sanctions for allowing an employee to work in breach of a visa condition,” she said.
“Employers need to ensure that sponsored workers have not ceased work for more than 180 consecutive days or accumulated more than 365 days of non-sponsored work during their visa period.”
She concluded, in light of this, that regular audits, diligent record keeping, and robust compliance programs “are essential to navigate these changes successfully”.
Source: HR Leader
(Quotes via original reporting)
In July, several key migration changes were introduced in Australia, via the Migration Amendment Regulations, as part of the government’s broader migration strategy, HR Leader reports.
Rebecca Macmillan - Holding Redlich migration practice director - summarised the changes for HR Leader. According to Ms Macmillan, they included changed conditions for several sponsored work visas to reduce temporary migrants’ dependency on a single employer sponsor, a new Workplace Justice Visa and a new bill to amend the Migration Act.
“The Workplace Justice Visa allows temporary migrants to remain in Australia to undertake legal proceedings or file complaints related to workplace exploitation,” she said.
“The new bill seeks to extend labour market testing requirements from four months to six months as well as annual indexation of income thresholds and the publication of a register of approved sponsors.”
According to Ms Macmillan, changes were also made to the Migration Act to “strengthen protections for migrant workers reporting exploitation, making it illegal for employers, sponsors, and labour hire intermediaries to coerce or pressure temporary visa holders into breaching visa conditions or accepting exploitative work arrangements”.
In addition, the Department of Home Affairs has reportedly “ramped up” sponsorship monitoring activities, including announced and unannounced business visits. Inspectors will check compliance, including pay rates, hours worked, and sponsorship obligations.
Commenting on the changes, Rebecca Thomson - BDO migration services principal - said that the Migration Amendment Regulations have “ushered in a pivotal change”.
The changes, Ms Thomson told HR Leader, have dissolved the “golden handcuffs that once bound sponsored workers to their employers”.
“This reform enhances labour market mobility, granting temporary sponsored workers greater freedom to switch jobs and reducing dependency on a single employer sponsor,” she said.
For employers, the shift reportedly presents both challenges and opportunities.
“While it necessitates a more dynamic approach to talent retention, it also provides the chance to ‘try before they buy’ with onshore talent,” she said.
However, Ms Thomson added, employers must be “acutely aware” of the increased compliance requirements.
“Significant penalties of up to $79,200 per incident can be imposed under the enhanced employer sanctions for allowing an employee to work in breach of a visa condition,” she said.
“Employers need to ensure that sponsored workers have not ceased work for more than 180 consecutive days or accumulated more than 365 days of non-sponsored work during their visa period.”
She concluded, in light of this, that regular audits, diligent record keeping, and robust compliance programs “are essential to navigate these changes successfully”.
Source: HR Leader
(Quotes via original reporting)