Jan 22, 2024

Immigration Update – Immigration rules around 90-day trial periods

Happy New Year.

2024 has well and truly kicked off, along with an employment law change from the new coalition Government around 90-day trial periods for new employees.

The new legislation, known as the Employment Relations (Trial Periods) Amendment Bill aims to provide employers the confidence to hire new staff by allowing a 90-day trial period. During this period, employers can dismiss unsuitable employees without legal consequences, provided that the trial period is specified in the employment agreement and the employee is new.

It is crucial to note specific immigration rules apply to the use of 90-day trial periods.

If you are hiring people on certain work visas, such as the Accredited Employer Work Visa (AEWV), you will need to consider these immigration requirements.

90-day trial periods are not permitted for the following employers:

Employers hiring people on an AEWV

It should be noted specifically that employers cannot use a 90-day trial period when hiring people on an AEWV. We notice this hasn’t always been clear in recent industry updates being sent around the amendment.

Accredited employers submitting Job Checks and supporting workers on an AEWV

Breaches of these rules could mean you risk having your employer accreditation revoked, cause a Job Check to decline or have serious consequences during a compliance check.

The changes do not affect other aspects of employment relations, such as the requirement to act in good faith, or worker protections regarding pay, conditions, leave, and health and safety.

Talk to us to ensure your employment agreement complies with the new law and immigration requirements in this ever-changing landscape. We’re here to help get you off to a great start for the year.

Author

Nassim Lalehzari
Chief Commercial Officer – Visas
IAA License #201200100

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