Businesses and individuals employing non-resident/overseas employees need to be aware of the high penalties they may face if they do not provide for minimum award conditions. Overseas workers must be paid at the same minimum award rates as Australian citizens.
In the past two years, the treatment of international visa holders has gained particular focus, with some high-profile investigations into systemic underpayment and allegations of exploitation within a number of franchising systems.
Jim Parke from Australian Workplace Strategies says the employment of non-resident employees can bring additional challenges, including visa-related obligations, language barriers and an increased likelihood that unlawful discrimination will be alleged in the course of a dispute.
“Also, international workers are often overrepresented in casual and shift-based employment across various industries, so are more likely to have shift-based loadings, conditions specific to casual employment and variation in how pay is calculated from one pay period to the next. While there are reports of exploitation, there is also increased scope for disputes or genuine mistakes to occur. The onus is on employers to inform themselves and ensure that they do not overlook their obligations.”
Mr Parke says: “The best tips for businesses are to understand your rights and obligations, having systems to reduce your compliance burden, having strategies to ensure your employment arrangements meet your commercial needs and investing in quality, practical advice to prevent difficulties before they arise or respond promptly if they do.”
For more information visit www.workplacestrategies.com.au ; Call Australian Workplace Strategies on 1300 011 111 or email aws@workplacestrategies.com.au