SECOND WORKING HOLIDAY VISA UPDATE

Visa applicants who will be doing their specified work after 31 August for their second WHV will need to make sure that they have pay slips that cover each day of work when submitting an application for a second Working Holiday visa.  Electronic copies of applicants pay slips can be uploaded as attachments to their online second Working Holiday visa application, or hardcopies can be provided with a paper application.

 

All Australian employers must provide their employees with pay, conditions and workplace entitlements in accordance with the Fair Work Act 2009 or relevant state legislation. This includes work performed in Australia’s agriculture sector, such as plant or animal cultivation activities on a farm.

 

From 31 August 2015, all applicants for a second Working Holiday visa must provide pay slips as evidence of appropriate remuneration with their application. This will help ensure that work undertaken by Working Holiday visa holders is performed in accordance with workplace law. All Australian employers are legally required to provide their employees with pay slips.

 

Work performed before the commencement date will not require pay slip evidence.

Pay slips need to show that the participant's specified work was paid work and that the pay was in accord with the basic pay entitlements employees should receive when working in Australia. Australian rates of pay can be found on the Fair Work Ombudsman website.

 

Temporary transitional arrangements

The Department acknowledges that some participants will be in the middle of a work placement on 31 August 2015, and might be unable to provide pay slips for work undertaken on/around that date. In this scenario, pay slips will not be required, provided it is clear from the dates on the participant's specified work supporting documentation (such as Form1263 (171KB PDF)) that the placement was already underway on 31 August 2015.

 

Questions you may have about your circumstances:

 

What if I’m not given pay slips from my employer?

Don’t be afraid to ask your employer for pay slips – it’s your legal right, and they have to contain certain information. For more information about pay slips, go to:http://www.fairwork.gov.au/pay/pay-slips-and-record-keeping/pay-slips

 

How do I know if I’ve been paid the right amount?

In some cases, your pay rate will be set by the national minimum wage, which is currently $17.29 per hour (before tax).  You may be entitled to a higher rate if you are covered by an award, enterprise agreement or other registered agreement. For more information about pay, and to use the ‘Pay Calculator’, go to: http://calculate.fairwork.gov.au/findyouraward

 

What about volunteer work?

We know that some groups, like Willing Workers on Organic Farms, promote themselves to Working Holiday visa holders.

If you’d like to volunteer some of your time to help out doing activities that count as specified work, you can, but you won’t be able to count it towards your 88 days specified work if you start the volunteer work after 31 August 2015.

If you started the volunteer work before 31 August, you will be able to count all days worked on the placement, even if you finish up after 31 August.

If you finished volunteer work before 31 August that counts as specified work, you can include these days towards your 88 days specified work if you apply for a second Working Holiday visa.

 

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