Overseas Workers

Work rights can be confirmed by sighting a passport, or other evidence of Australian citizenship such as a birth certificate or citizenship certificate, together with photo identification.

The free Visa Entitlement Verification Online (VEVO) service is the safest way to confirm current visa information. Employers can also read the Department of Home Affairs work-rights information or the Fair Work Ombudsman visa holders and migrants page.

Employers without immediate access to email have 48 hours to complete checks. If checks begin within 48 hours of the person starting, and the employer does not know the person is an illegal worker, the Department of Home Affairs will not refer the matter for prosecution. Keep a record of the date and time the person started, to calculate the 48-hour period.

An employer who discovers an employee is an illegal worker must end the working relationship immediately.

Australian citizens and permanent residents need one check, at the time of engagement. Temporary visa holders should be rechecked, because their status can change. Checking VEVO every three months is advisable.

Employers are responsible for checking the work rights of everyone they engage. A person found working without a valid visa can be removed from the workplace without notice, which risks disruption, lost investment and possible criminal charges for the employer. Applicants who refuse to cooperate should be told they will not be engaged until their entitlement to work is verified. Checking every applicant, rather than only some, also puts the business in a stronger position to defend a discrimination complaint from someone who objects to questions about their origin.

Nominations lodged on or after 1 October 2020 must meet labour market testing rules. These apply to subclass 482 and 494 visas in the employer-sponsored stream, and to the same visas in the Dairy Industry Labour Agreement stream. Read the rules at the Department of Home Affairs.

In addition to these requirements, employers must:

• advertise the nominated position on the Government's Workforce Australia for business website,
• include all previously required information in that advertisement,
• run the Workforce Australia advertisement for at least four weeks,
• accept applications or expressions of interest for at least four weeks, and
• provide evidence of three advertisements (two for a Labour Agreement), including the Workforce Australia advertisement, when lodging the nomination.

Two main visas allow employers to sponsor skilled workers when they cannot find an Australian citizen or permanent resident for the role.

Temporary Skill Shortage visa (subclass 482), formerly subclass 457: since 11 March 2019, Dairy Cattle Farmer has been on the Regional Occupation List. This allows a 482 visa of up to four years, with possible renewal for a further four years.

Skilled Employer Sponsored Regional (provisional) visa (subclass 494): this replaced the subclass 187 visa on 16 November 2019.

Senior Farmhands (FLH5 to FLH7) and Farmhands (FLH3) can be engaged under the Dairy Industry Labour Agreement (DILA). The DILA is a formal agreement between an individual farmer and the Department of Home Affairs.

A visa under the DILA - subclass 482 or 494 - lasts up to four years (482) or five years (494), with the possibility of an extension. The DILA can provide a pathway to permanent residency for workers engaged for at least three years.

Labour market testing must occur within 12 months of nomination, with at least two attempts to test the Australian labour market. At least one advertisement must have national reach. The English requirement is IELTS 5 overall, with no minimum component score.

Existing Labour Agreement holders must seek a variation to sponsor current subclass 482 holders for an Employer Nomination Scheme (subclass 186) visa. The IELTS requirement for the 186 visa is 5 overall, with at least 4.5 in each component.

To vary a DILA, complete a Deed of Variation and return it to the Department of Home Affairs at labour.agreement.section@homeaffairs.gov.au. 

To engage overseas workers under a Labour Agreement, make a formal application to the Department of Home Affairs. Set up an ImmiAccount and complete the online request form.

Supporting resources include the skills assessment sheet, the employment letter of offer template, and the Department of Home Affairs Information about requesting a Labour Agreement guide.

Once the Labour Agreement is approved, the employer can nominate an overseas worker online. The worker lodges a separate visa application online. Fees apply - see Department of Home Affairs visa options.

Working holiday makers can suit the seasonal nature of dairy work. The program is a cultural exchange that lets visa holders supplement their travel funds with short-term work. In dairy, a working holiday maker can work full-time for 12 months with one employer.

• Working Holiday visa (subclass 417): for young people holidaying and working in Australia for up to a year.
• Work and Holiday visa (subclass 462): a similar arrangement for eligible young adults aged 18 to 30.
• Special Category visa (subclass 444): a temporary visa allowing New Zealand citizens to live and work in Australia while they remain New Zealand citizens.

Dairy farming counts as 'specified work'. Three months means a minimum of 88 calendar days, including weekends or rest days during employment.

Because dairy runs on early-morning and late-afternoon rosters, read the fact sheet for each visa for worked examples of the 88-day calculation.

Holders who complete three months (88 days) of specified regional work on a first visa may be eligible for a second visa. From 1 July 2019, second-year 417 and 462 holders may be eligible for a third year, if they complete six months of specified work in a designated regional area.

For tax, read the working holiday makers update on the ATO website.

Yes. Overseas workers have the same workplace rights and entitlements as Australian workers. The employer must first confirm the person holds a valid Australian visa with work rights.

Sight the person's passport or evidence of citizenship with photo identification, and use the free Visa Entitlement Verification Online (VEVO) service. If checks begin within 48 hours of the person starting, the employer is protected from prosecution if the worker later turns out to be unlawful.

Australian citizens and permanent residents need one check at engagement. Temporary visa holders should be rechecked, ideally every three months, because their status can change.

The Dairy Industry Labour Agreement (DILA) is a formal agreement between an individual farmer and the Department of Home Affairs. It lets farmers sponsor Senior Farmhands and Farmhands, and can provide a pathway to permanent residency for workers engaged for at least three years.

Yes. Dairy farming counts as 'specified work'. A working holiday maker can work full-time for 12 months with one employer, and completing 88 days of specified regional work can extend their stay.