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Construction, Mining, Oil & Energy Recruitment in Western Australia

cwalsh@lorgtalent.com (Caoimhe Walsh) — Mon, 21 Aug 2023 06:25:43 GMT

Western Australia: Thriving in Construction, Mining, and Energy Sectors.

The Construction, Mining, Oil & Energy industry is one of the fastest-growing industries in Australia, especially in Western Australia. The state is known for its resources sector, and with any industry growth comes the need for qualified and experienced employees, which can be difficult. That’s why Lorg Talent, with our experienced team members, has an integral part in recruiting talented staff in this industry and we can help Employers and Jobseekers.

Our Lorg Talent team are dedicated to providing tailored recruitment solutions to clients from various employers in the Construction, Mining, Oil & Energy sectors. We understand that every business has different hiring requirements, and we work with our clients to fully understand these demands and identify the ideal people for their organisations. We take pride in building lasting relationships with our clients and emerging as reliable consultants throughout their hiring procedures.

Our recruitment team at Lorg Talent consists of up of highly skilled recruiters with in-depth understanding of the mining, oil, and energy sectors. We stay up to date on the most recent advancements, and we have developed a strong network of connections with leading industry specialists. Our process is designed to be efficient and effective, helping our clients save time and resources. We start by understanding our client’s requirements and then developing a job description that accurately reflects the role. We then conduct an initial screening of candidates, follow up with phone and in-person interviews, and perform reference checks to ensure quality. Once we have identified suitable candidates, we present them to our clients, who can then assess the candidates in depth before finalizing the hiring process.

We take great pride in the quality of candidates we present to our clients. By focusing on the specific needs of each client, we are able to identify candidates who have the skills, experience, and aptitude to excel in their new roles. We have an impressive track record of success, and many of our clients have retained our services for years. We are passionate about helping our clients build the workforce they need to succeed and supporting job seekers in finding the ideal opportunities in these dynamic industries.

If you are an employer in the Western Australia construction, mining, oil & energy industries, or seeking employment in these areas, our Lorg Talent team can assist you. With our tailor-made solutions, industry-specific knowledge, efficient process, and successful track record, we strive to provide the highest level of service to all our clients.

Contact us via our email connect@lorgtalent.com to learn more about how we can help you achieve your recruitment goals or find your dream job.

The Benefits of Recruiting Candidates from Overseas

cwalsh@lorgtalent.com (Caoimhe Walsh) — Tue, 08 Aug 2023 04:17:34 GMT

In today's job market, businesses have to get creative when it comes to attracting and retaining top talent. Many businesses are achieving this by hiring candidates from abroad in addition to tapping into their local talent pool. For international employees, Australia in particular, is a popular location. In this blog, we'll explore the benefits of recruiting candidates from overseas to Australia, and why it's definitely worth considering for your business.

Skill Shortages

Many industries in Australia face significant skill shortages. By looking overseas for talent, you can potentially plug these gaps and ensure that your business has access to the skills it needs to compete and grow. Additionally, by bringing in seasoned professionals who can share their knowledge and expertise to local workers, recruiting international applicants can be a wonderful method to overcome Australia's general skills gap.

Diverse Skills

When you're sourcing candidates from abroad, you naturally open up your talent pool to a wider range of people with diverse backgrounds, experiences, and perspectives. This can be incredibly valuable in a number of ways. Firstly, it can support innovation, creativity, and new approaches to problems. Secondly, a more varied workforce can promote mutual respect and understanding amongst various cultures. Finally, hiring people with different skills and expertise can help to fill gaps in your company's knowledge and capabilities.

Building International Relations

Recruiting candidates from overseas can be a great way to build international networks and open up new markets. Hiring employees from different nations allows your company to expand its reach and tap into global expertise and experience. This can be especially beneficial for Australian businesses trying to expand into new markets or for those currently operating on a global scale.

Supporting the Economy

It's worth noting that recruiting candidates from overseas can also be a positive move for the Australian economy as a whole. By filling labour shortages, fostering innovation, and increasing productivity, skilled migration can contribute to economic growth and prosperity.

There's no doubt that recruiting candidates from overseas can have a range of benefits for Australian businesses. You can attract people with a diverse range of ideas and talents, build a more adaptable and dynamic organisation, and contribute to addressing crucial skills shortages. Employing workers from abroad can also enhance the larger Australian economy by opening up new markets and assisting in the development of international networks. At Lorg Talent, our experienced recruiters are adept at sourcing international talent to meet the unique needs of our clients' organizations. With a focus on excellence, we guarantee to deliver the best talent to our clients. We have a successful partnership with our sister company AHWC to facilitate the visa process for international candidates seeking to live and work in Australia. Additionally, we offer assistance to employers in sponsoring employees and addressing any other visa-related issues. Don't let visa complexities deter you from the opportunity to recruit talent from overseas.

Overall, if you want to hire top people in a competitive job market, it's definitely something to think about.

Navigating the Skills Shortage in Australia's Automotive and Construction Industries: How Lorg Talent Can Help Employers

cwalsh@lorgtalent.com (Caoimhe Walsh) — Wed, 02 Aug 2023 02:17:10 GMT

The automotive and construction industries in Australia have long been essential to the country's economy and infrastructure growth. But these sectors are currently dealing with a major obstacle - a shortage of skilled workers. With the demand for talent surpassing the available supply, businesses are struggling to find the right professionals. That's where our specialized recruitment agency steps in. In this blog post, we will discuss the pressing issue of the skills shortage in Australia's automotive and construction industries and explain how our agency can assist employers in overcoming these challenges effectively.

Key Challenges for Employers in the Automotive and Construction Sectors

In the automotive and construction industries, employers are facing significant challenges due to a shortage of skilled workers. These challenges include:

Intense Competition for Talent: With a limited pool of qualified candidates, employers must compete fiercely to attract and retain top performers.
Lengthy and Resource-Intensive Recruitment Process: Finding suitable candidates, evaluating applications, and conducting interviews can be time-consuming and resource-draining, taking away from essential business activities.
Costly Training and Retention Efforts: To address the skills gap, employers may have to invest in training programs to upskill current staff or recruit and train new employees, which can result in significant financial burdens.

Why Lorg Talent is the Solution

The skills shortage in the automotive and construction sectors is a unique challenge that requires specialized expertise. Our recruiters have the knowledge and on-site experience to help employers overcome this obstacle. Here's why we are the best choice:

Extensive Network of Skilled Professionals: Our agency has a vast network of qualified candidates in the automotive and construction industries. This allows us to quickly and efficiently connect employers with the best talent available.
Thorough Screening and Evaluation: We take the time to thoroughly screen and evaluate candidates to ensure they have the right skills and qualifications. This saves employers valuable time and resources during the hiring process.
Customized Recruitment Strategies: We understand that every employer has unique needs. That's why we develop tailored recruitment strategies that align with their specific requirements. This ensures the best possible match for their organization.
Our agency stays up to date with industry trends, so we can provide employers with valuable insights on hiring strategies, salary benchmarks, and workforce development. This knowledge gives them a competitive advantage in the market.

The shortage of skilled workers in Australia's automotive and construction industries poses a significant challenge. However, our specialized recruitment agency is here to offer innovative solutions. With our expertise and resources, we can guide employers through these difficult times successfully. We have an extensive talent network and employ tailored recruitment strategies to help businesses find the skilled professionals they need to thrive in today's competitive market.

Please don't hesitate to reach out to us.

connect@lorgtalent.com

Case Study- Successful Engineer Placement

Tue, 11 Jul 2023 00:40:44 GMT

LORG Talent International Recruitment - the solution to your engineering talent needs!

When a top engineering business in Australia faced a challenge in finding qualified engineers, they turned to us. Fortunately, we found the perfect candidate in South Africa.

But there was a hurdle - the engineer needed a visa. That's where AHWC Immigration Law stepped in to assist.

In just two weeks, they successfully obtained the visa, and now the engineer is en route to Australia to embark on a fulfilling career with his new employer. Trust in LORG Talent and our partners to find the right talent and smooth the path for their journey to success.

What Do Recruiters and Employers Really Want to See on Your Resume?

Mon, 03 Jul 2023 06:53:19 GMT

What Do Recruiters and Employers Really Want to See on Your Resume?

Do you want to increase your chances of getting an interview? Well, it all starts with your resume! In a sea of applicants, recruiters and hiring managers only have a few moments to decide who will make the cut. That's why your resume needs to grab their attention right away. Let me show you how to make sure your resume stands out from the crowd.

Here is 5 ways you can improve your resume:

Experience

Including relevant job experience on your resume is crucial. Recruiters and interviewers not only want to see consistency in your past roles but also the value you added and your contributions to projects. Let's dive into why experience is a vital part of your resume and how to showcase it effectively.

Education

When applying for a job, it's essential to highlight your education and qualifications. Make sure to include any relevant courses and certifications you have taken in the past, especially if they are mentioned as being desirable or essential for the role.

Skills and Achievements

When it comes to showcasing your abilities, don't forget to highlight the skills you've gained through your education and work experience. Explain how these skills have complemented your previous roles and demonstrate how they'll benefit you in this new position. Plus, don't forget to brag about your achievements! Showing interviewers, the results you've achieved in the past is sure to impress them.

Easy to Read

Having a well-designed and easy-to-read resume is crucial when it comes to grabbing the attention of potential employers. One simple way to achieve this is by ensuring a clear layout and consistent font throughout. But that's not all – using bullet points to outline your education, experiences, skills, responsibilities, and achievements can make the information stand out even more. Don't forget to proofread your resume to catch any pesky grammar or spelling mistakes. Trust me, it's worth the extra effort!

Relevant Language

Make sure your resume has relevant keywords throughout. Check the job description to make sure your language matches the tone of the job role. By doing so, you'll establish a connection in the reader's mind between yourself and the job's criteria. The interviewer will know what they are looking for so avoid using irrelevant words.

Having a good resume is essential to getting the job you want. By following these tips, and using our resources, you can create an impressive resume that will help set yourself apart from other applicants in the eyes of potential employers. With this strong foundation for your career search, you’ll be well-positioned to land interviews and get hired quickly. Good luck on your journey towards finding employment success!

Practical Ideas To Make Staffing Your Business Easier

Tue, 27 Jun 2023 08:44:56 GMT

How Becoming an Approved Sponsor Could Be the Answer

Staffing Your Business Has Rarely Been Harder

Australian employers, we completely understand that finding the right talent for your business can often feel like looking for a needle in a haystack. When homegrown talent isn't hitting the mark, it can be frustrating, but you're not alone in this. That's where the idea of sponsoring overseas workers comes into play. It might just be the lifeline your business needs, bringing in fresh perspectives and the expertise you need to keep things humming along nicely. There are some boxes to tick before you can get started with sponsorship, but don't worry, we've got your back!

Bringing Your Team Up to Speed – Fast

When you need to ramp up your staffing levels and do it fast, consider sponsorng overseas workers on temporary work visas. It's a sure-fire way to lift your staffing levels.

Even if this sounds like a fit though, don't overlook those on working holiday or student visas – they could also be eager to join your team and help with staffing.

At AHWC Immigration Law, LORG’s sister company, our team has a strong track record in lodging Temporary Skills Shortage (TSS) visas (Subclass 482) and Subclass 494 Skilled Employer Sponsored Regional (Provisional) Visas. We have our fingers on the pulse in industries like hospitality, construction, mining and engineering, automotive, and healthcare.

The ABCs of Employer Sponsorship

Through employer sponsorship, you can fill those empty places with the best talents out there, irrespective of their nationality. However, we understand it can be a bit daunting. After all, you can only sponsor workers in occupations listed on certain occupation lists, unless you have an approved Labour Agreement with the Department of Home Affairs (more on this in a later blog).

If it sounds quite daunting, we can assure you it’s not with the right help. And once the Department of Home Affairs gives you a nod as a Standard Business Sponsor (SBS), you'll be ready to sponsor the staff that you can’t find in Australia.

A Closer Look at The Visa Options on Offer for Approved Sponsors

With your newly minted SBS, you'll be ready to sponsor overseas workers for either Subclass 482 (Temporary Skills Shortage (TSS)) visas or Subclass 494 (Skilled Employer Sponsored Regional) visas. But remember, you'll first need to show that you've tried to find suitable local talent.

If you have an applicant whose occupation is on the Medium to Long Term Skilled Occupation List, that's great news! These applicants (like chefs, engineers, or tradies) can be sponsored for up to 4 years, with a pathway to permanent residence after 3 years. For roles on the Short Term Skilled Occupation List, you can sponsor them for two 2-year visas, but keep in mind, this route doesn't lead to permanent residency, at the moment, although this is likley to cahnge at the end of 2023.

If you're based in a regional area, the Subclass 494 SESR visa is a great option, offering a pathway to permanent residency after three years. And it comes with a super long occupation list of over 600 roles.

And for those very specific roles not listed anywhere, a Labour Agreement could be just the ticket.

Other Avenues to Explore

Perhaps you're keen on training staff to reach Australian standards? The Subclass 407 Training Visa could be perfect. It opens the door for the visa holder to later apply for a Subclass 482 TSS or a Subclass 494 SESR visa.

The Subclass 400 Temporary Work (Short Stay Specialist) Visa is a great shortcut if you're needing specialist workers on a temporary basis. There is no need to be an SBS to employ workers holding Subclass 400 visas.

Going Above and Beyond - Transition to Permanent Residence

If you're looking to help your overseas workers feel more at home by becoming permanent residents, they can be nominated for a permanent visa after a certain period (usually 3 years).

This can be through the Employer Nominated Subclass 186 visa or, after 3 years for a Subclass 494 SESR visa holder, via the Subclass 191 Skilled Regional visa.

The Benefits of Sponsorship for You and Your Staff

Sponsorship is a fantastic opportunity, not just for your business, but for the skilled individuals you bring on board as well. Together, you can build a more diverse and vibrant work environment, where everyone grows and succeeds. It's a win-win!

We're here to guide you every step of the way, so reach out and let's get this journey started!

AHWC & Lorg Talent - We've got your staffing solutions covered!

B ecoming an Approved Sponsor and Employing overseas employees can be very fiddly and complex - and you'll need a plan before starting because it does require some special considerations like finding potential candidates (who might not be looking) as well getting them Australian visas.

With our extensive overseas and Australian networks, our teams at AHWC Immigration Law and Lorg Talent have your staffing solutions covered, so just contact us today!

www.ahwc.com.au

www.lorgtalent.com

Why Use a Recruitment Agency?

cwalsh@lorgtalent.com (Caoimhe Walsh) — Wed, 07 Jun 2023 06:21:18 GMT

Recruitment agencies link employers to top class employees.

As an expert recruiter, I understand the challenges you face when it comes to finding the best employees for your organization. Hiring the right talent is crucial for the success and growth of any business, and that's where a recruitment agency can be an invaluable partner. Allow me to explain why using a recruitment agency to find the best employees is a good idea.

1. Access to a Vast Talent Pool:

Recruitment agencies have extensive networks and databases that are continually updated with qualified candidates. They have access to a wide range of job seekers, including passive candidates who may not be actively looking for new opportunities. This means you'll have access to a larger and more diverse talent pool than you might have on your own.

2. Expertise and Industry Knowledge:

Recruitment agencies specialize in matching candidates with specific skill sets and experience to employers in various industries. They have a deep understanding of the job market and can provide valuable insights into industry trends, salary benchmarks, and candidate expectations. This expertise helps streamline the hiring process and ensures that you find candidates who are the best fit for your organization.

3. Time and Cost Savings:

Hiring can be a time-consuming and expensive process. Recruitment agencies take the burden of sourcing, screening, and shortlisting candidates off your shoulders. They handle the initial stages of the recruitment process, allowing you to focus on your core business activities. Moreover, agencies have established recruitment processes in place, saving you time and reducing the risk of making costly hiring mistakes.

4. Enhanced Candidate Screening:

A recruitment agency acts as a filter, ensuring that only the most qualified candidates reach your desk. They conduct thorough interviews, reference checks, and skills assessments to assess candidates' suitability for your specific job requirements. This rigorous screening process reduces the likelihood of hiring the wrong person and increases the chances of finding top talent for your organization.

5. Confidentiality and Discretion:

Sometimes, you may need to conduct a confidential search for a key position or when replacing an existing employee. Recruitment agencies understand the importance of maintaining confidentiality and can handle the process discreetly. They ensure that sensitive information remains protected and that your company's reputation remains intact throughout the hiring process.

6. Long-term Relationship Building:

Working with a recruitment agency establishes a long-term partnership. By understanding your organization's culture, values, and future goals, the agency can align their recruitment efforts accordingly. They become an extension of your HR team, investing time and effort to find candidates who not only possess the required skills but also fit seamlessly into your company's culture and contribute to its long-term success.

In conclusion, partnering with a recruitment agency offers numerous advantages when it comes to finding the best employees for your organization. With their access to a wide talent pool, industry expertise, time and cost savings, enhanced candidate screening, confidentiality, and focus on long-term relationship building, recruitment agencies can help you secure top talent efficiently and effectively.

I encourage you to consider the services of a reputable recruitment agency like ours to elevate your hiring process and ensure you attract the best candidates who will contribute to your organization's growth and success.

Employers - Get Up To Date On Your Obligations For Working Holiday Makers

MTaaffe@ahwc.com.au (Maggie Taaffe) — Tue, 13 Dec 2022 05:58:43 GMT

Employing Working Holiday Makers Can Be Great For Your Business.

Are you an Australian employer looking to hire a Working Holiday Maker (WHM)? There are definite advantages to hiring WHM visa holders in your business - they don’t need to be sponsored, there’s no occupation list to check, and they can work full time anywhere is Australia.

Working holiday makers (WHMs) are temporary visitors to Australia who hold a Working Holiday visa (subclass 417) or Work and Holiday visa (subclass 462).

WHMs are able to access up to three WHM visas, provided they meet age requirements and do some “specified regional work” WHM visa applicants from Ireland, Canada, France, Italy and Demark can apply up to the age of 35, and the remaining eligible passport holders can apply up to the age of 30.

WHMs come from all over the world, bringing with them skills, experience, and enthusiasm. They can be an excellent addition to any workplace.

But what do employers need to know about working with WHMs? Let’s take a look.

Employer Obligations

As with all employees, employing WHMs means that you must meet all obligations under Australian workplace laws. This includes paying the correct minimum wage and providing workers with a safe and healthy working environment, among other things.

It is also important to remember that there may be some additional considerations when hiring WHMs depending on their country of origin and visa conditions. For example, if they are from certain countries they may require an International Health Cover policy while they are in Australia.

It is important to research these requirements when considering hiring a WHM so that you can ensure compliance with all applicable laws.

There are certain additional obligations that employers need to be aware of when hiring someone on a Working Holiday Visa.

Is Their Visa Valid? Do They Have Permission To Work?

First and foremost, it is important that employers ensure their prospective employee has the right to work in Australia. Visa details can be obtained from the Department’s Visa Entitlement Verification Online (VEVO) website .

Register as An Employer of WHM

If you employ or plan to employ working holiday makers, you must register as an employer of working holiday makers before making the first payment to them.

Please note that to register as an employer of working holiday makers you must first be registered for PAYG withholding. You can find our more here .

The “Six Month” Rule

Additionally, employers should note that Working Holiday Makers are only permitted to work for up to six months (the “six month rule”) with any one employer and therefore you need to make sure to keep track of the commencement date and when the limitation expires.

This means that a WHV holder may work for an employer for six months during the 12 month period of their visa unless policy exceptions apply.

Exceptions:

Working in different locations for the same employer where the work in any one location does not exceed 6 months.

A WHM working under their own ABN, and not working continuously in the same location.

When a WHV holder applies for a second and third WHV (see below), they will be granted a bridging visa if the new WHV has not been granted when the current WHV expires.As soon as the new bridging visa is granted, the 6 months work period is reset for the visa holder. In other words, the application for a second and third WHV triggers an ability to work for an employer at the same location for a further six months.

(Please note that currently, WHM’s are not bound by the 6 month rule by way of a Covid concession, but this ends at the end of December 2022)

2nd & 3rd Working Holiday Visas

In the case of Working Holiday Makers who complete three months (88 days) of “specified work” in regional Australia during their first WHV, they will be eligible for a second year visa.

If they then complete six month specified work in their second visa year, they will be eligible to apply for a third 12 month Working Holiday visa.

Specified work can include agriculture, mining, fishing or construction industries and employers should make sure to provide payslips for each pay period and also furnish them with a payment summary.

Tax Obligations

When employing WHMs it is important to remember that as an employer you will need to comply with tax obligations such as deducting income tax from their wages and paying it on their behalf to the Australian Taxation Office (ATO).

Other obligations include obtaining an Australian Business Number (ABN) for your business and registering for GST if necessary. If you are unsure of your obligations when employing WHMs it is best to seek professional advice from a qualified accountant or bookkeeper.

Applicable tax rates can be found on the ATO website here .

Working holiday makers must also have a valid tax file number (TFN).

Superannuation

When it comes to superannuation, Working Holiday Makers must receive the same payment as any other Australian employee in a position that ordinarily provides superannuation.

Employers can access the Employee/Contractor decision tool on the Business.gov.au website if they are uncertain of a worker’s status.

If the WHM employee is not an employee (i.e. working under their own ABN), the must calculate and pay their own super from the payments made to them by the person they subcontract with.

Compliance

Failure of an employer to comply with visa requirements and conditions of their employees can result in serious penalties including warnings, infringement notices, civil penalty orders and even criminal proceedings for repeat offenders and employers guilty of foreign worker exploitation.

By taking the necessary steps, and being well informed, Australian employers can ensure that they are meeting their legal obligations when it comes to hiring Working Holiday Makers.

Benefits

Employing working holiday makers in Australia can be incredibly beneficial for businesses looking to expand or simply add some new energy into their workforce quickly. Plus, since it’s relatively easy to hire WHMs, it’s no wonder why these temporary workers have become increasingly popular among employers in Australia. Now that they are on their way back to Australia, it's a great opportunity for any business looking for staff (and who isn't!).

With this information in hand, now you can make an informed decision about whether hiring a working holiday maker is right for your business!

Confused?

Employers in Australia often find themselves in a difficult situation when it comes to hiring working holiday makers.

The rules around employing working holiday makers are constantly changing, and it can be hard to keep up with what's required of you.

AHWC Immigration Law is here to help. We provide employers with up-to-date information on their obligations, as well as advice and support on how to navigate Australia’s complex immigration system - www.ahwc.com.au

And if you’re stuck for new recruits, contact our trusted Partner LORG Talent, or post your job using the employer tab above - www.lorgtalent.com

Australian Employers: Why You Should Use an International Recruitment Agency

Tue, 29 Nov 2022 05:23:15 GMT

By using a global recruitment company, you'll tap into the best talent!

If you're an Australian employer looking for the best talent, you may be wondering if it's worth using an international recruitment agency. After all, with the vast global network, it can be difficult to know where to start. However, utilizing a recruitment agency that specialises in finding talent from abroad can save you time and money in the long run. Here's a look at why you should use an international recruitment agency when searching for employees for your business in Australia.

I. Access to a Global Network of Talent

One of the main benefits of using an international recruitment agency is that you'll have access to a global network of highly talented individuals. No matter what industry you're in or what position you're looking to fill, chances are there's a recruit abroad who would be perfect for the job. By connecting with a specialist agency, you can ensure that your vacancy is seen by the right people from all corners of the world.

II. Save Time and Money on Advertising and Travel

Trying to advertise a job internationally can be extremely costly and time-consuming. Not only do you have to worry about different time zones, but you also need to take into account language barriers and cultural differences. This is where an international recruitment agency can help. By doing all the legwork for you and connecting you with quality candidates, an agency can save you both time and money. In most cases, they will be able to arrange Zoom/Teams interviews instead of requiring you to attend in-person interviews.

III. Peace of Mind Knowing You're Dealing With Professionals

Working with an experienced international recruitment agency gives you peace of mind knowing that your vacancy is in good hands. These agencies have been through the recruiting process countless times and know exactly what needs to be done in order to attract top talent from any country. They will also be able to provide guidance and support every step of the way, so you can relax knowing that everything is being taken care of by professionals.

And Finally...

If you're an Australian employer looking for top talent from around the world, using an international recruitment agency is a great option. You'll have access to a global network of highly talented individuals, saving both time and money in the process. And because these agencies are staffed by experienced professionals, you can relax knowing that your vacancy is in good hands.

Lorg Talent is a leading provider of international recruitment and migration solutions for Australian employers. With our extensive global network, we can connect you with the best talent from around the world.

Johnson Ong | Divisional Manager, Lorg Talent

jong@lorgtalent.com

Ensure Your Workers Are Lawfully Entitled to Work!

MTaaffe@ahwc.com.au (Maggie Taaffe) — Tue, 29 Nov 2022 04:52:08 GMT

Not all potential employees or existing employees are legal workers!

As an employer, it is imperative that you know whether your employees have the right to work in Australia.

The government has estimated that there are up to 62,000 people in Australia without visas, and up to 100,000 people working illegally - either without a valid visa or working when they don’t have work rights!

An illegal worker is a non-citizen who is working without a valid visa or working in breach of their visa conditions.

Not everyone who comes to Australia on a visa has permission to work and, for a variety of reasons, not every visa holder is aware of their visa expiry date.

In addition, some people may have had their visas cancelled and they may be totally oblivious to the fact that this has happened - again, for a variety of reasons.

Not all visas provide “permission to work”

There are many visas which do not provide permission to work. Some visas (such as bridging visas) may or may not allow the visa holder to work, depending upon the type of visa the applicant held before their current visa grant.

It is therefore imperative that each employee’s visa status is checked to determine whether or not they are entitled to work, and if so whether they are entitled to work full-time or part-time, and what the expiry date of the visa is.

Employers are responsible for employing legal workers.

FYI : Work includes both paid and unpaid work .

The Department of Home Affairs considers “work” to be any activity that normally attracts remuneration.

Employers face significant criminal and civil penalties for allowing illegal workers to work, whether or not the employer is aware that a worker is working illegally - i.e., without a valid visa, with a valid visa which has no permission to work, or contrary to the valid visa’s work conditions.

“Allow to work” defined

The relevant immigration legislation defines “allow to work”, very broadly, e.g.,:

The first person participates in an arrangement, or any arrangement included in a series of arrangements, for the performance of work by the second person for the first person or another participant in the arrangement or any such arrangement

This definition allows almost any “arrangement” to be deemed as employment.

Allowing a person to work unlawfully also renders anyone who participates in an arrangement that results in a person working unlawfully to be liable. This could include parties other than a direct employer (e.g., labour hire operators, recruitment consultants).

“Accessorial liability” provisions in the legislation also mean that executive officers, directors, other managers, HR officers and even company accountants can also be found to be involved where workers are found to be working unlawfully in contravention of the Migration Regulations and Migration Act.

To be involved in the contravention, a person must have intentionally participated in the contravention, which requires actual knowledge of the contravention. It may also be possible to infer actual knowledge through “wilful blindness” to the contravention at the time to contravention occurred.

Penalties for employer breaches of employee visa conditions

Unless employers can prove that they have taken reasonable steps to verify that their employee had permission to work in the role offered, employers can potentially face fines under the civil penalty rules of over $90,000 for each breach.

A “No fault” approach is taken by the Department of Home Affairs

No, this is not a good thing!

Under the civil penalty rules, the Department of Home Affairs (DHA) need not prove that the employer (or a person deemed to be liable by way of being an "accessory" - see above) knew the worker’s visa status, or was reckless with respect to their employees’ visa status (i.e. behaviour which can attract criminal penalties).

Employers are assumed to be guilty of a civil breach unless they can show that they followed the appropriate visa verification procedures (VEVO). This means that penalties will apply even if the employer did not know they were employing illegal workers.

The DHA can also issue infringement notices independently to employers without the need to apply to a court to impose a penalty.

Civil breaches include:

Allowing a person who does not have a visa to work.
Allowing a person who has a “no work” condition on their visa to work.
Allowing a worker to work more hours that they are allowed to in breach of their visa work restrictions. For example, student visa holders are usually only allowed to work 40 hours per fortnight during course times, although currently, under Covid concessions, they can work full time .
Referring a person who does not have a visa, or who has a “no work” condition” on their visa, which means that e.g., recruitment consultants may contravene the legislation if they refer a person who does not have work rights.
An employer’s participation in any arrangement where an illegal worker is allowed to work. This means that an employer may be caught out if they allow even a subcontractor (i.e., a person who is not an employee) to work unlawfully.

There are a wide range of monetary penalties that can be applied to employers who engage illegal workers, or engage workers in breach of their work conditions.

The maximum civil penalty (per illegal worker) is:

$18,900 for an individual (e.g. a sole trader); or
$94,500 for a body corporate (e.g. a company).

Criminal sanctions

Where employers have recklessly or knowingly employed illegal workers, the criminal penalties are as follows:

Primary offences (per illegal worker):

$25,200 and/or two years imprisonment for an individual (e.g. a sole trader); or
$126,000 for a body corporate (e.g. a company).

Aggravated offences (per illegal worker):

$63,000 and up to five years imprisonment for an individual; or
$315,000 for a body corporate (e.g. a company).

Civil and criminal penalties can be concurrently applied to breaches in any case, and in some cases an employer may face civil/criminal penalties under the Fair Work Act as well for breaches of employment law.

Conclusion: The possible actions of the DHA and penalties that may apply to employers engaging overseas workers illegally.

How do employers defend themselves against sanctions?

The onus of proof rests with the employer to demonstrate that they took “reasonable steps” to ensure they did not employ illegal workers, by verifying their visa status.

Acceptable visa verification procedures

The DHA regards appropriate visa verification procedures as follows:

using third-party contractors to verify a workers’ visa conditions;
establishing that an employee is an Australian or New Zealand citizen; and
using the department’s VEVO service.

Hiring employees from labour hire companies

Employers remain responsible for hiring legal workers even when sourcing employees from labour hire contractors.

Employers may overcome this hurdle by including a clause in the contract to the extent that the supply of labour will only include legal workers, which then shifts the liability back onto the labour hire supplier.

Pro Tip:

Sighting an employee’s visa grant letter is not sufficient, as the visa may have expired or been cancelled, or have been superseded by another visa type, with different work conditions.

We also do not recommend allowing employees to provide “evidence” of checking their own visa status, for obvious reasons.

It’s not just about the criminal or civil sanctions either!

If any of the civil or criminal sanction discussed above are applied to an employer, it will result in “adverse information” being held against the employer.

If the employer is an approved business sponsor, “adverse information” may result in the sponsor being barred from sponsoring further workers, or having their sponsorship cancelled. If the sponsorship is cancelled, all visas associated with the sponsorship will be canceled.

Such an employer may also be precluded from nominating their existing workers for permanent residence by the Department of Home Affairs.

Maggie Taaffe | Lorg Talent

We are a leading provider of international recruitment and migration solutions for Australian employers. With our extensive global network, we can connect you with the best talent from around the world.

Get the best training and support for your overseas workers

MTaaffe@ahwc.com.au (Maggie Taaffe) — Tue, 29 Nov 2022 04:07:36 GMT

Helping your overseas workers settle in is very rewarding, all round

I can’t think of anything that excites a greater sense of childlike wonder than to be in a country where you are ignorant of almost everything. Suddenly you are five years old again. You can’t read anything, you have only the most rudimentary sense of how things work, you can’t even reliably cross a street without endangering your life. Your whole existence becomes a series of interesting guesses. – Bill Bryson

It can take new migrant visa holders up to 24 months to fully settle in and start feeling comfortable in their new country (look at this ABC story which outlines the culture shock many new migrants experiences).

Some who return home admit that they never felt settled in Australia, and unfortunately, I've heard a few of my clients say this.

It's a roller coaster ride for many

According to studies by Immigration New Zealand, a new migrant’s typical emotional experiences after arrival can look like a roller coaster ride, and it isn’t a stretch to imagine that a new visa holder in Australia is likely to experience similar feelings. Such feelings, in my view, are likely exacerbated if a new migrant's English skills are poor and/or they haven't travelled before.

With appropriate help and support, I think this emotional roller coaster ride can be smoothed out, reduced significantly or eliminated entirely, and this is particularly important in the workplace.

Helping new migrant workers to feel more comfortable in their new country and feel comfortable in your business is extremely important for your workers’ mental health and happiness.

It is important that your overseas employees have an idea about our social norms (culture), their employment rights and obligations, Australian laws, and how to seek assistance if needed.

A happy, well supported and settled employee will be engaged with your business, productive, and poised to facilitate business growth, whereas a neglected, homesick and culturally disengaged employee may develop mental and physical health issues, which can be devastating for them and negatively affect your whole team, not to mention your business's bottom line in general.

To facilitate happy, high-performance employees, you should ideally provide support both in and outside the workplace.

You can assist your foreign employees to integrate into their new workplace with tailored training and support. It is also equally important to assist your migrant worker’s family to settle eg into accommodation/housing, school, and employment.

Help with the day-to-day things we take for granted

Helping your overseas workers understand how basic day-to-day things work in Australia, such as how to get a phone or bank account, how the health system works, how to find a doctor, eligibility for things like Medicare etc, will pay off mightily for any employer employing overseas workers. This is because relevant information helps your new worker find out how things work, settle into their new environment, and reduce the overwhelm and anxiety that comes with living in a new country. Think about all the things we take for granted in Australia!

What should I include in my foreign worker training?

Topics will vary depending upon the type of work your foreign employee is performing, and what your business produces or services. As a minimum though, topics should include:

Adapting to working and living in Australia
How to access services, banks, buy a car, lease a property, etc
Living in the relevant area (i.e., wherever the employee is located)
Available language and community services
School services and childcare
Commonly applicable laws and customs, including licencing
Employment rights and obligations
Visa rights and obligations
Occupational health & safety
Stress management

Resources

The Department of Home Affairs has published a very helpful and comprehensive guide called “Beginning a Life In Australia” in many different languages, which you can access here . This 128 page guide covers everything your foreign employees need to know about living in Australia. I recommend that employers read it too!

Written by Maggie Taaffe (mtaaffe@lorgtalent.com), Lorg Talent and AHWC Immigration Law. www.ahwc.com.au ; www.lorgtalent.com

Say Goodbye to Hospitality Staffing Issues

MTaaffe@ahwc.com.au (Maggie Taaffe) — Tue, 29 Nov 2022 03:26:35 GMT

Employer Sponsorship Allows Employers to Employ Overseas Workers

New Paragraph

Overseas workers can provide a much-needed boost to the Australian workforce to keep businesses running smoothly. However, it is important to note that there are some requirements that must be met before an employer can sponsor an overseas worker. This article will provide information on what these requirements are and how employers can go about sponsoring overseas workers.

Devasting covid

The devastating impact of Covid on the hospitality industry has been widely documented. The Australian border closed during this period, leading to an unprecedented amount of shut down time for venues. When the borders finally opened to a trickle of temporary visa holders, hospitality was not considered a critical industry by the Department of Home Affairs for visa grants, and most venues couldn't reopen fully because there were no workers to staff them.

With the tourism industry taking off post Covid, venues are opening, and we are more or less trading as before. There’s more demand than ever for hotel, restaurant, and bar staff - but the relatively tiny pool of workers left in Australia (or willing to work in hospitality), cannot keep up with demand, and many venues are still only able to open part time - and just about all of them have "staff wanted" signs in their windows.

Some Good News

The good news is that temporary work visas are being granted again, and students visa holders and working holiday makers are starting to return.

Hospitality is a critical industry in Australia and the Department of Home Affairs has finally recognised this. As such, the Dept is currently fast tracking Chefs' visa applications! Hopefully, this is only the first of a series of initiatives the department will implement to assist hospitality.

How to Staff Up Quickly

The most common way that hospitality employers can lift staffing levels relatively quickly, is by sponsoring workers from overseas for temporary work visas - and the other viable option is hiring working holiday visa holders and student visa holders.

We find staff for our hospitality clients and lodge a lot of Temporary Skills Shortage (TSS) visas (Subclass 482) for them. Most of those are for overseas workers with the following occupations:

Chefs
Cooks
Restaurant Managers
Hotel/Motel Managers

Employer Sponsorship - how does it work?

The employer sponsorship scheme allows employers to fill vacant positions in their businesses with the most qualified candidates available, regardless of their nationality.

Employers may only sponsor workers whose occupations are on a relevant occupation list, unless an employer enters into a special agreement, called a Labour Agreement with the Department of Home Affairs to allow them to sponsor workers whose occupations are not on a relevant list (more on this below).

An employer can sponsor overseas workers once the Department of Home Affairs (DHA) approves them as a Standard Business Sponsor (SBS), or if they have an approved Labour Agreement.

Labour Agreements can be described as a contractual relationship between the government, and an employer, which allows the employer to sponsor workers who require concessions for e.g.:

occupations not on the immigration occupations lists
English language
age

Becoming an approved Sponsor is a relatively quick process, but arranging Labour Agreements is a complex legal process, best tackled by an experienced immigration law practitioner. We will examine Labour Agreements more fully in a future article.

Sponsorship - Subclass 482 Temporary Skills Shortage Visas

Once an employer is an approved SBS or approved Labour Agreement holder, they can sponsor workers for Subclass 482 (Temporary Skills Shortage (TSS)) visas, in non-regional areas and regional areas*, and Subclass 494 (Skilled Employer Sponsored Regional) visas in regional areas.

Employers must first prove that they cannot find Australian workers by providing evidence that a prescribed schedule of Labour Market Testing LMT), has netted no suitable candidates.

If a proposed employee’s occupation is on the Medium to Long Term Skilled Occupation List (MLTSSL) (e.g., Chefs) they can be sponsored for up to 4 years, in any area of Australia for a Subclass 482 TSS visa, with a pathway to Permanent Residence after 3 years of employment with their sponsoring employer.

If the proposed employee’s occupation is on the Short Term Skilled Occupation List (STSOL) (e.g., Cooks and Venue/Restaurant Managers), they can only be sponsored for two, two year Subclass 482 TSS visas, with (currently) no pathway to permanent residence. (We think that this may change with some new government initiatives, meaning that all sponsored workers will be able to be sponsored for up to 4 years, but this has not occurred at the time of writing).

Sponsorship - Subclass 494, Skilled Employer Sponsored Regional (SESR) Visa

For regional employers, the Subclass 494 SESR visa is an option. This is a five year Skilled Employer Sponsored Regional visa, which provides a pathway to permanent residence after three years on the visa. This visa also has a huge occupation list with over 600 occupations listed, including Chef, Cook and Restaurant Manager.

Sponsorship - Labour Agreements

For staff whose occupations are not on any relevant list (or you need e.g., age/language concession for an indispensable worker to move onto PR), a Labour Agreement may be the way to go to secure the staff you need. As discussed above, this is a very specialised area of immigration law and practice. Please contact us to discuss this possibility further if you believe a Labour Agreement may be a viable option for your business (enquiries@ahwc.com.au).

Another Option - Subclass 407 Training Visas

Another visa type that hospitality employers may like to consider is the Subclass 407 visa. This is a training visa which allows hospitality venues to train staff in various hospitality occupations, to bring their experience/qualifications up to Australian standards - which potentially could then allow the visa holder to apply for e.g., a Subclass 482 TSS or a Subclass 494 SESR visa which will provide a pathway to permanent residence later on.

Transition to Permanent Residence

If a sponsoring employer wants to help their Subclass 482 visa workers become permanent residents (and their occupation is on the Medium to Long Term Skilled Occupation List (MLTSSL) ), they can nominate them for a permanent visa after a prescribed period of time (usually 3 years), via the Employer Nominated Subclass 186 visa, in the transitional stream, provided they meet the other visa requirements (e.g., age, English etc).

A Subclass 494 SESR visa holder can apply for permanent residence after 3 years via the Subclass 191 Skilled Regional visa. They don't need an employer nomination to apply for this visa, and there is no age limit.

Advantages of Employer Sponsorship

There are many advantages to sponsoring staff, but the most important is that a sponsored employee must only work for the sponsoring employer, which greatly helps with staff retention!

Please note though: If a sponsored worker is successfully nominated by another approved sponsor, they can commence working for the new employer once the new nomination is approved.

Other advantages of sponsoring staff are:

Employer Sponsorship can help you quickly fill skills gaps in your industry or region.
Employer Sponsorship can widen your talent pool to include non-Australian candidates, who may bring different skills and perspectives to your workplace.
Employer Sponsorship can increase innovation and competitiveness in specialist roles within your organisation.
Employer Sponsorship is a great way to retain existing staff who are currently on other temporary visas, such as working holiday visas and/or student visas.

Staff Advantages

The advantages for your sponsored staff are that (again depending on the occupation), they will be able to progress to permanent residence, if you are willing to nominate them from their Subclass 482 TSS visa to an Employer Nominated Subclass 186 visa (Subclass 494 SESR visa holders do not need an employer nomination to progress to permanent residence via a Subclass 191 Visa, which was introduced in November 2022).

Generally, staff must be employed for at least three years by their sponsoring employer to be able to progress to permanent residence via the available permanent residence pathways.

Staff sponsored via a Labour Agreement may be able to progress to Permanent Residence, even though their occupations may not be on the published occupation lists.

* Depends on the occupation.

AHWC & Lorg Talent - We've got your staffing solutions covered!

Employing overseas employees can be very different; you'll need a plan before starting because it does require some special considerations like finding potential staff members (who might not even been looking) as well getting them Australian visas.

With our extensive overseas and Australian networks, our teams at AHWC Immigration Law and Lorg Talent have your staffing solutions covered, so just contact us today!

Maggie Taaffe (mtaaffe@ahwc.com.au)

Johnson Ong (jong@lorgtalent.com)