Employers responsible for workers' legality

Employers responsible for workers' legality


Employers are responsible for ensuring their workers are legal.


WHOSE responsibility is it to check workers are legal?

If you are an employer it is your legal responsibility to ensure your workers have the right to work.

Using a labour hire contractor to avoid that obligation yourself is still fraught with danger; there are some circumstances where you can still be held liable.

Also, if the contractor's workers on your property are not legal and are removed in a raid by authorities there are several implications that could hurt.


First, you lose the labour force you need to take your crop off.

That could be very costly as you lose production, especially if you have a short harvest season.

Second, it is unlikely to be the labour suppliers' name that is spread across the media; it will be your farm and your own name that will attract the negative publicity.

And third, it will put pressure on the image of the farming sector in the mind of the general public.

Farmers have a good image in the community, but every time a farm is found employing workers illegally, that image and the support it generates takes another hit.

Where do seasonal workers come from?

HORTICULTURE uses a lot of overseas workers who are here on visas.

They are often referred to as 'temporary migrants' and there are various sorts of visas that allow them to work.

However not all visitors to Australia have the right to work, in fact most are here as tourists and don't have that privilege.

Peter Angel, state manager, National Harvest Labour Information Service (NHLIS) MADEC.

Peter Angel, state manager, National Harvest Labour Information Service (NHLIS) MADEC.

The common visas you are likely to encounter are from backpackers, students, and Pacific islanders or East Timorese under the Seasonal Worker Programme.

But there are others that are less commonly used.

Anyone with a New Zealand passport automatically has full work rights in Australia, so they don't need a visa.

How do I check if my workers are legal?

THE Department of Home Affairs has an online tool to check visas - the Visa Entitlement Verification Online (VEVO) web page.

Harvest Labour Offices around the country can assist with this process at no cost. Contact them directly for more information.

It its advisable though to start thinking about this well before your season starts.

It is not uncommon for those without work rights to use somebody else's details to avoid detection.

Harvest Offices will demand proof of identity, complete the online check and tell you whether they are allowed to work in Australia, whether there are any conditions, and when that visa expires.

All you need to know. Be aware that since this system was established, if you are found with illegal workers, not knowing will not be accepted as an excuse. It is your obligation to know and the tools and services are available to check.

Cover yourself.

  • Peter Angel is a National Harvest Labour Information Service (NHLIS) state manager. Copy supplied by MADEC.

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