As businesses seek to build dynamic teams, it is crucial to ensure the business remains compliant with Australian immigration laws. Under the Migration Act 1958, it is an offense to recklessly or knowingly allow workers to work or refer workers for work, where they are foreign workers, and either are in breach of their visa conditions or illegally in Australia.
Work refers to any activity which would normally attract remuneration, extending to unpaid work. Individuals found working in breach of their visa conditions or working without a valid visa can be removed from the workplace without notice.
Not all visa subclasses allow individuals to work in Australia. Businesses must take reasonable steps to ensure prospective employees are entitled to work prior to employing them.
The Visa Entitlement Verification Online (VEVO) system provided by the Australian government, plays a pivotal part in a businesses step to avoid disruption to the workforce and potential loss of investment. The tool allows employers to verify the status and work entitlements of their prospective employees in real time.
Upon conducting a Vevo check, you will receive real-time data relating to an individual’s visa details including visa type, work conditions and visa expiry date.
Failure to ensure that an individual employed within the business holds the required work entitlements can result in severe penalties for employers, including but not limited to legal action, fines or imprisonment.
Taking proactive measures to ensure employees hold the legal right to work prior to employing them is an integral part of safeguarding risks to the business. Scheduling regular Vevo checks to occur during an employee’s tenure, is also recommended to monitor your workforce population.
Through means of diligent hiring practices and monitoring of the workforce population to ensure employees hold the legal right to work prior to employing them, businesses are able to take proactive measures to minimise reputational damage and other compliance related issues.