Right to Work Entitlements

In Australia, it's essential for employers to ensure all employees have the right to work with correct documentation. Employers can face civil penalties for allowing someone to work without permission to work in Australia, or in breach of a work-related visa condition, even if they didn't know, unless they took reasonable steps to check (for example through VEVO). Doing so knowingly or recklessly is a criminal offence. This includes those who are not Australian or New Zealand citizens and are working without a visa or breaching visa conditions.

To mitigate this risk, employers must verify employees' work entitlements. This involves checking if a prospective employee has a valid visa and is legally entitled to work in Australia, distinguishing between documentation that is and isn't acceptable proof of entitlement to work.

Eligibility and the Right to Work in Australia

Australian Citizens

‍Australian citizens can work in Australia without restrictions. However, certain factors, such as a criminal history, may impose limitations on their working rights.

New Zealand Citizens

‍New Zealand citizens automatically receive a temporary visa upon arrival in Australia, allowing them to work, visit, study, and stay. Some conditions and restrictions apply.

Permanent Residents

‍Permanent residents in Australia enjoy the same work rights as Australian citizens, with no restrictions. However, like citizens, their rights can be limited due to factors like criminal history.

Non-Citizens with a Valid Visa

‍Non-citizens in Australia need a valid visa to work, with conditions varying based on the visa type. This can include restrictions on the type of work and hours. Employers are advised to consult a migration lawyer for detailed immigration legislation information.

It's the employer's responsibility to ensure employees have the right to work, using tools like the Visa Entitlement Verification Online (VEVO) service to check visa status and conditions. Regular checks are important, especially if the employee's circumstances change, and there may be additional reporting obligations depending on the visa type.

Document Proof of Right to Work

To verify an employee's right to work in Australia, employers should collect specific documents like:

• Australian birth or citizenship certificates
• Australian or New Zealand passport or evidence of permanent residency
• Certificate of Status for New Zealand Citizens.

It's crucial to also check for a valid visa with work permissions, as not all visas allow employment. To maintain accurate records, employers should obtain certified copies of these documents or have the originals certified by a qualified individual such as a Justice of the Peace (JP). These certified documents should be securely kept in the employee's file for compliance and reference. This thorough documentation process helps ensure legal employment practices and protects both the employer and employee.

Supporting Documentation

Supporting documentation, such as a driver's licence, Medicare card, voter enrolment, Tax File Number, references, tenancy agreements, qualifications, and change of name certificates, can be requested for identity proof.

However, these alone do not suffice for legal work eligibility in Australia. They should complement the primary documents listed in the Proof of Right to Work section. Without the primary work entitlement documents, an individual is still considered an illegal worker, even if they provide these supporting documents.

Visa Holder Entitlements

Visa holders with work rights in Australia are entitled to the same minimum employment rights as Australian citizens and permanent residents. This includes receiving at least the minimum wage or the relevant market salary rate for their job, entitlements to payslips, superannuation, and taxation, working in safe environments, and having the same legal pay rates, leave conditions, shift arrangements, and dismissal processes as Australian employees. These entitlements ensure equitable treatment in the workplace for all employees, regardless of their visa status.

For issues regarding a visa holder's right to work in Australia, consulting a migration lawyer is recommended. However, for understanding employee entitlements, you can seek guidance from Employment Compass. The information provided is based on general knowledge and is not a substitute for professional legal advice. It's important to seek specific legal or professional advice for your circumstances. The information may be subject to change and should be verified for accuracy and completeness. If you need help building right-to-work checks into your onboarding, our HR policies and procedures service can help. Call Employment Compass’s 24/7 HR advice line on 1300 144 002 for free initial advice.

Frequently Asked Questions

What Is Work Eligibility?

‍Work eligibility refers to a person's legal right to work in a specific country, based on citizenship, visa status, or other legal authorisations.

Who Has The Right To Work In Australia?

‍Australian citizens, permanent residents, New Zealand citizens, and non-citizens with specific work visas have the right to work in Australia.

What Are Proof Of Working Rights In Australia?

‍Proof includes Australian birth certificates, citizenship certificates, passports, permanent residence evidence, and valid work visas.

What Qualifies As A Legal Document?

‍A legal document is officially recognised by the government, such as birth certificates, passports, and official permits.

What Are The Penalties For Employing Illegal Workers?

‍Employing illegal workers can lead to civil penalties (and criminal charges if done knowingly or recklessly), fines, and reputational damage for businesses. See our guide to visa holders and migrant workers for more.

Can Non-Australian Citizens Work In Australia?

‍Yes, non-Australian citizens can work in Australia if they hold a valid visa with work permissions.