Australia’s major supermarkets will temporarily be able to offer more work hours to international student employees to help keep shelves stocked.
International students currently employed at the major supermarkets will be able to extend their working hours to help meet high demand for essential items because of the coronavirus. Ordinarily international students are subject to a maximum 40 hours a fortnight during term.
During this period, the Department of Home Affairs and the Australian Border Force officers:
- will exercise their discretion under s116(1)(b) of the Migration Act 1958 to not cancel the visas of students who work in excess of 40 hours each fortnight to support your organisation in providing goods to the Australian community through your supermarkets; and
- will not refer you, as an employer, for investigation of any potential breach of s245AC of the Migration Act 1958 that might relate to the hours worked by a student visa holder.
All employment must continue to occur strictly in accordance with Australian workplace law.
The measures will be administered by the Department of Home Affairs and are available to major supermarkets including Woolworths and Coles, and only for existing employees in their existing roles. Other supermarkets are able to register with the Department if they believe the changes will assist them.
Employers are still required to abide by all relevant Australian workplace laws. Students have the same rights under Australian workplace law as all other employees.
Unless mentioned in the following list, employers of student visa holders, and visa holders themselves, must continue to observe relevant visa conditions.
As of 13 March 2020, industry sectors for which relaxation of enforcement may be sought are:
- Supermarkets (existing staff in existing roles who are student visa holders working beyond their usual work limitations, where that work assists to ensure the supply of groceries to and in supermarkets or related online distribution facilities)
This is a temporary measure that will be reviewed in the course of managing the COVID-19 outbreak.
Make an appointment with us via the link below obtain advice and apply (under 01. Migration – students visa matters only – 30 mts) : https://www.victorylaw.com.au/victory-law-appointment-booking/