Working Rights of Skilled Workers in Australia

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Working Rights of Skilled Workers in Australia

The working conditions and scope of different benefits in Australia have made it a favourite destination among the workers of the world. However, there are instances where the worker immigrants who are not knowledgeable about the rules and regulations of the Skilled Visa Australia, making them vulnerable to the fraudsters and scammers. Therefore, it would be best to know about the rules and regulations to avoid exploitation.

isa migrations

The Available Visas

There are several visas applicable for the skilled workers interested in working in Australia, and the application will have to be submitted according to the existing guidelines. The applicants will have to prepare their documents and tender them to the authority just as the rules stipulate. In its essence, the visa could be applied for working in Australia as a whole, or in a region of the country. In some cases, sponsorship from the proper authority will be needed for the processing of the visa. The following table will explain the requirements in detail;

Visa TypeVisa DurationExpression of Interest (EOI)SponsorshipThe Requirement for Working in Regional AustraliaWhether Point Tested Visa
Temporary Work (Skilled) visa (subclass 457)1 day to 4 yearsOptionalRequired, by the employerNo, subject to the approval being given before September 2009 under regional certification arrangementNo
(ENS) visa (subclass 186) or Employer nomination schemePermanentOptionalRequired, by the employerNoNo
(RSMS) Visa (subclass 187)
Or Regional Sponsored Migration Scheme
PermanentOptionalRequired, by the regional employerYesNo

The workers may have to submit an Expression of Interest (EOI) for the visa. An EOI is only an indication that the applicant would like to be considered for a visa application to the skilled workers in Australia. It is not a visa application. The EOI’s will also have to be deposited through SkillSelect, where the profiles can be selected or invited to apply for a visa. However, the applicants will have to update their profiles if the situation changes.

Also Read: Australia’s Skilled Occupation List Has Come Up With a Few Amendments In It

The Rights in Effect

The country of Australia provides the same rights and protection for all workers, regardless of their cast, citizenship, working status, or visa types. The employer must comply with the Australian workplace and Immigration laws, including their legal responsibility to;
• Provide the correct and lawful payment in full for all the time of work provided.
• Provide the same pay rate to all the workers.
• Provide a safe workplace to work in.
• Ensure the correct and conducive environment for working for all the workers.

The employer, in any condition, cannot sidestep or take away these working rights in Australia from a worker, even under contract. These conditions, especially the pay rate and the workplace conditions, are set by the Australian law and cannot be circumvented.

The Restrictions

There are conditions also that take effect on the workers. Depending on their visas, the conditions that they must fulfill range from the number of working hours allowed to the types of jobs to do. However, no conditions are placed on the citizens of Australia, permanent resident, or the holder of the Special Category (subclass 444) visas, i.e., citizens of New Zealand. Any other visa holder has to abide by the conditions mentioned in the visa regulations. The main subjects on which those conditions are based on can be given as the following;

These are the main factors that are taken into account by the relevant authority before the visa application is approved and awarded.

Also Read: Australian Skilled Visa Witnesses Increment in The Number Of Invitees in 2020

What Happens When The Laws are Not Complied With?

Usually, the laws of Australia are strict in this matter. Any discrepancy, not reporting the change of situation, and the non-compliance with these laws are liable to the cancelling of the visa. The skilled workers Australia may be detained and ultimately, removed from the country. However, there are certain conditions on which the authorities will consider the case a little less harshly, which are;

  • You have a temporary work visa.
  • You have become non-compliant due to exploitation in the workplace.
  • You have applied to, seeking assistance or advice from the Fair Work Ombudsman.
  • You are assisting the Fair Work Ombudsman in their investigations
  • You have not complied with the work-related conditions only.
  • You have not engaged in other activities or became involved with certain situations other than work-related mishaps.
  • You are declaring to abide by the visa-related conditions in the future.

Do’s and Don’ts in The Australian Workplace

Whatever may be the job, the Australian workplace is legally bound to provide the worker with the same working conditions and equal pay rate for the same jobs. Still, there are some factors that would have to be paid attention to while working in an Australian workplace. The following guidelines have to be abided by the workers in the said workplace, given as;

The Do’s

  • It is in contradiction to the law for an individual to ask you to pay money for work or a visa. Be cautious of job proposals that involve you to make a payment or return some of your pay.
  • Always keep your passport and official papers with you. Your employer or anyone else cannot take your passport or personal items from you and will face criminal charges if so done.
  • Seek assistance if your employer intimidates you by stating the power to cancel your visa, report you to the Department or make you perform work liabilities that you are not at ease doing.

The Don’ts

  • Believe or enter into the legal contract of work with people who offer Australian permanent residence.

Taking Help

To ensure the proper utilization of the visa, we, as the most trustworthy Registered Migration Agent, can provide you with the best service with regards to the visas for workers available. The experts at the office of ISA Migrations and Education Consultants, can take you through the rules and regulations pertaining to that visa, and give you the correct information regarding the applicable conditions and worker rights.

Tags: immigration to Australia ,Skilled Visa ,Skilled Visa Australia

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