Many Australian small businesses are happy to employ backpackers because they’re a cheap labor source and generally not fussy about the pay, the working conditions, and the accommodations offered.
However, make sure this bargain does not turn into a legal nightmare and cost you more than it’s worth. Here’s what Australian law says about backpackers.
Working Holiday in Australia
Most backpackers asking for a job are foreign nationals who decide to discover Australia by working their way around the country.
It is perfectly legal, and young people from various countries are encouraged to apply for a Working Holiday Visa. This is your first clue—the visa.
Before hiring a fresh-faced foreigner desperate to earn his keep, you must ensure this kid with the funny foreign accent has a visa.
There are two types of visas for young foreigners: 462 and 417. The first one is granted for one year, while the other is extended for one year but can be renewed for another year.
Either way, foreigners knocking at your door are legally allowed to work in Australia, so you have no problem with the law.
How are Working Holiday visas granted?
Both types of Working Holiday visas are granted to foreigners between 18 and 30. The age limit for citizens of Ireland, Canada, and France is 35, so don’t be alarmed if the job seeker doesn’t look very young.
Working Holiday visas can be obtained by applying online with the Australian Department of Affairs. The foreign national must undergo rigorous checks before being allowed to travel to Australia, which is excellent news for potential employers.
To get a visa, a foreign national must submit police checks from every country where they have resided in the previous 10 years. If your backpacker has lived in Australia before, they must obtain a full AFP police background check.
When you apply for any Australian background check, know which check is appropriate for your needs before you apply. Also, understand the refund policy listed on the organization’s FAQs page (Frequently Asked Questions) if you realize the check is inappropriate for your individual needs and require your money back.
While all this paperwork might appear tedious and time-consuming for the foreigner, it is a guarantee for the employer that the stranger looking for work is not a dangerous criminal.
How are backpackers protected?
When you decide to employ a foreign national on a Working Holiday, you must know that all work regulations apply. Your seasonal employee has the same rights and obligations as any Australian laborer, and so do you.
Remember that all deductions for meals and lodgings should be agreed upon at the time of hiring.
Before hiring a backpacker, you should verify their visa status personally using a VEVO visa check (visa entitlement verification online), as you cannot always rely on a recruiting agency.
It is in your best interests to do so because failure to comply with regulations concerning foreigners can have dire consequences.
If you hire someone who doesn’t have the legal right to work in Australia, you risk paying a hefty fine, which can range from $15,000 for an individual hiring a fruit picker or something similar to $80,000 for a company.
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This story is brought to you in partnership with Australian National Character Check.
