194,103 working holiday visas were granted by the Department of Immigration and Citizenship during the 2008-2009 financial year, which is a figure that has increased steadily over the preceding 4 years. With a growing transient population looking for short term work, employers in seasonal industries are likely to consider employing these workers to cover peak periods of trade.

When considering hiring these workers it is important to perform the necessary checks and gather the relevant evidence to ensure you are hiring staff that is legally entitled to work in Australia. Companies who hire illegal workers can be fined in excess of $66,000.

It is the hiring company’s responsibility to run a Visa Entitlement Verification Online prior to the commencement of employment of the new worker. The VEVO check will confirm whether the worker is legally entitled to work in Australia and whether there are any restrictions on their working conditions. If it is discovered that the worker is not legally entitled to work in Australia, the employment relationship must be terminated immediately.

The more common visas that will be encountered include working holiday visas Subclass 417 & 462, which typically restrict the worker to a maximum period of 6 months employment with the one employer.

Some student visas will also permit the holder to seek paid employment. Typical limitations include:

• Employment is not to commence until the commencement of the applicable course that the visa was granted to study
• The workers is not entitled to work more than 20 hours per week whilst their course is in session
• No limitation on working hours outside of course session times

As an employer, it is important that you do not leave yourself exposed to the risk of hiring illegal workers and the resultant penalties. Some basic principles during the advertising and recruitment process include:

• Making it clear in the job advertising that only workers with the legal entitlement to work in Australia will be considered for the role
• Ensuring that job applicants complete an application form that collects information about their legal entitlement to work in Australia, including enough information to perform a VEVO check
• During the interview ask questions that directly relate to their visa status and entitlement to work in Australia, requesting that they provide originals or copies of the relevant documents to prove these entitlements, depending on whether the interview is conducted in person or otherwise

Whilst it is not a complex process, it is very important that the correct procedures and checks are made to ensure only workers who are legally entitled to work in Australia are hired.