Changes to the rights of temporary sponsored work visa holders, such as those on Aged Care Labour Agreements, will make it easier for them to change employers, says Taya Hunt, Partner with law firm MinterEllison.
From 1 July 2024, holders of some sponsored temporary work visas who stop working for their sponsoring employer will have more time to find a new sponsor, apply for a different visa, or leave Australia.
Where previously workers on the visas had only 60 days to find a new sponsor, apply for a different visa, or leave Australia, the changes will mean they have up to 180 days at a time or a maximum of 365 days in total.
The changes will also affect visa holders under Aged Care Labor Agreements, Taya confirmed.
"The changes are designed to provide flexibility for migrant workers in response to concerns over worker exploitation, where a worker's status in Australia is tied to their employer sponsorship," Taya said.
"The changes may improve efficiency in recruitment for aged care providers by allowing onshore visa holders to be employed quickly for a period of time without the need to wait until a transfer of sponsorship has been finalised," she said.
Because the changes may make it easier for workers to change employers, Taya recommends providers improve their employee retention and recruitment strategies to maintain employee numbers.
To ensure providers comply with the changes, Taya said, "More stringent record-keeping and documentation may be required to demonstrate temporary skilled visa holders are being employed in compliance with visa conditions."
