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What Employers Need to Know About Australia’s Latest Migration Rules

Australia is constantly changing rules about immigration, and this time it’s all about making sure employers follow the law when they hire workers from other countries.

The new law, called the Migration Amendment (Strengthening Employer Compliance) Act 2023, came into effect in late February 2024, and it’s got some important updates aimed at making sure employers do the right thing by their workers, whether they’re from Australia or elsewhere.

So, what’s the big deal with these changes? The government wants to crack down on employers who might try to bend the rules or mistreat workers from overseas. They’re doing this by making the rules tougher and by keeping a closer eye on what’s going on in workplaces across different industries.

One of the main things the new law does is make sure that job offers to foreign workers are genuine. That means employers have to prove that the jobs they’re offering are real, paying the right amount, and following all the laws and rules about work conditions.

Another important change is about temporary skilled visas, which allow workers from other countries to come to Australia for a while to work in specific jobs. Employers who want to bring in workers on these visas will have to show that they’re not just trying to avoid hiring local workers. They’ll also need to offer training opportunities to Australians and follow the rules about testing the job market to make sure there aren’t locals who could do the job.

The new law also gives the government more power to check up on employers and make sure they’re doing the right thing. They can do audits and investigations to catch anyone who’s not playing by the rules. Penalties for violations within the Migration Act will be standardised and increased, including potential imprisonment and higher fines for certain offences.

In simple terms, these changes are all about making sure employers treat their workers fairly, whether they’re from Australia or from overseas. It’s about keeping workers safe and making sure everyone gets a fair go when it comes to jobs.

Employers should review their current ways of working and policies to make sure they align with the updates to policy. Conducting audits of employment records, revising recruitment and hiring procedures, and providing updated training to staff involved in visa management.

To learn more about improving your documentation process for visa holders, book a demo with CheckWorkRights today.

Disclaimer: The information provided in this article is general only, and not to be taken as Migration Advice. Please be aware that visas and regulations are subject to frequent change. It is advisable to verify the latest information from the Department of Home Affairs (DHA) and or seek specific advice relating to your circumstances from a MARA Registered Migration Agent.