The Working Holiday Maker program, often referred to as the work and holiday visa, has been a blessing for Australia.
It encourages travelers to come to Australia, increasing our tourism, but also to find work in industries that often rely on temporary workers, such as rural work or hospitality. It continues to be a great asset.
However, there are restrictions around what travellers on this visa can work, and this is where Australian employers often trip up. So here’s what you need to know.
There’s a Six Month Limitation
Travellers on this visa can only work for an employer for six months. Sounds simple, right? Not necessarily, especially when it comes to agency staff.
The six months applies to the end user – as in, the client where the staff member is working. Not the agency. So if you were to hire a staff member through one agency for six months, and at the end of that time hire them through a different agency or directly (or visa versa) as a way to get around this limitation, you’d actually be in breach of that law. Be careful!
How to Calculate Six Months
The six months starts from that staff member’s first day, and is counted by the calendar. This means it’s not that they’ve worked six months’ worth of hours over eight months, it’s from 1 January through to 30 June, for example. Holidays in some cases can be used to lengthen this time, but its complex.
If the staff member is granted a second working holiday visa, then it resets and they can have another six months with the same employer.
Location Matters
A staff member on a working holiday visa can work with the same employer for up to 12 months if it’s across different locations. For example, they could work with the same hotel chain, but six months each at two different locations.
There are also different rules for northern Australia. Some industries, including tourism and hospitality, can have WHM staff work for longer than six months if they are located in northern Australia. If you think this applies to you, check that you fall into the areas deemed eligible by the Department of Home Affairs, and that the role is on their list of tourism and hospitality occupations.
The work and holiday visa is great for hospitality, but can be tricky to ensure you’re working within the laws. If you’re unsure, talk to your agency or visit the Department of Home Affairs website for more information. (link to: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462)