As restrictions begin to ease, a number of changes to temporary visa holder arrangements during the pandemic have been made in order to protect the health of the Australian community, safeguard job opportunities, support critical industries, and assist with our road to recovery.
Despite these unprecedented times and various changes, all employers are still required to abide by the relevant Australian workplace laws. All overseas workers, including international students, on temporary visas have the same rights under Australian workplace law as all other Australian employees.
Updates for the following industries:
Agriculture
- Seasonal Worker Programme workers with visas due to expire will be able to apply for a Temporary Activity (subclass 408) visa in the Australian Government Endorsed Event (AGEE) stream.
- Pacific Labour Scheme workers with visas due to expire can apply for a new Temporary Work (International Relations) (subclass 403) Pacific Labour scheme stream visa.
- Workers currently in Australia under these programs will also be exempt from the requirement to work for a single employer and will be able to move between approved employers.
- Working Holiday Makers who are working in critical sectors (eg agriculture, aged or health care) will be exempt from the 6 month work limitation with one employer and eligible for a Temporary Activity (subclass 408) visa in the Australian Government Endorsed Event (AGEE) stream.
Supermarkets
- On 4 April 2020, the Government announced it was ceasing the temporary relaxation of the 40 hour work limit for student visa holders working in supermarkets.
- From 1 May 2020, the Department of Home Affairs and the Australian Border Force will exercise normal discretion in relation to student visa holders employed in supermarkets who exceed the work limitations of their visa.
- The Department of Home Affairs and the Australian Border Force officers will not seek to enforce these conditions on student visa holders who worked in supermarkets in accordance with this temporary measure between 7 March 2020 and 30 April 2020.
Aged Care
- International students who work in aged care can also work more than 40 hours a fortnight.
- All aged care Approved Providers or Commonwealth funded aged care service providers that have been issued with a RACS ID or a NAPS ID have been given access to the temporary relaxation of working hours for student visa holders.
- These measures only apply to existing workers in their existing roles.
Nursing
- Student visa holders already enrolled in nursing can continue to undertake work to help and support the health effort against COVID-19 as directed by health officials.
Cruise Ship Industry
- As of 15 March 2020 there is a full restriction on arrivals of any cruise ship that has left a foreign port. The restrictions are inclusive of direct arrivals and Round Trip Cruises (RTC).
- All crew members must isolate for 14 days upon arriving in Australia.
- From 16 March 2020, Australia will deny entry to any cruise ship that has left a foreign port, with the exception of: Australian-flagged vessels.
- International cruise ships en route having departed their last overseas port and destined for Australia.
- Australian cruise vessels (domestic cruise ships) operating within the Australian Exclusive Economic Zone can continue to operate without restriction.
- Round Trip Cruises that are already in progress and currently returning to Australia.
Airline Industry
- From 20 March 2020, airline staff should ensure that only exempt travellers board a flight to Australia. Where possible, the Australian Advanced Passenger Processing system will be used to deny uplift for all other travellers.
- Airlines must contact the Australian Border Force Border Operations Centre prior to non-exempt travellers boarding the flight.
- Airline crew (including medivac crew) are exempt from the travel restrictions. Airline crew are advised to take particular care on lay-overs, use dedicated private transport and to avoid crowded public spaces.
- All Airline crew should monitor for symptoms and should not fly if they are ill.
- All Airline crew are required to self-isolate in their accommodation, if they enter Australia, until their next work flight.
Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you are on an Employer or temporary visa holder and you want to know more about your work rights, or what you need to do in this current pandemic, or you simply want to know more about your visa options, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
