Employing international students in Australia enables international students to gain valuable work experience and contribute to Australia’s workforce needs. It also enables employers to deepen their talent pool and enhance cultural diversity in the workplace.
When employing international students, employers must abide by Australian workplace laws. Overseas workers including international students have the same rights as other employees under Australian workplace laws.
Employers of international students must provide:
- At least minimum wage
- Payslips, superannuation and tax documentation
- A safe workplace
- Legal pay rates, leave conditions (if applicable), shift arrangements and dismissal processes which Australian employees are entitled to
International students studying in Australia are able to work up to 48 hours per fortnight. International students working in aged care are exempt from this condition.
Why is there a cap on how many hours an international student can work?
The cap on working hours ensures that international students are able to focus on obtaining a high-quality Australian education and qualification. There are no work restrictions when the student’s course or training is not in session, e.g., school holiday breaks.
If a student visa is granted offshore, they are unable to work prior to their course commencing. If a student held a visa prior to their student visa that permitted them to work while applying for the student visa, then they are exempt from this condition.
How are the 48 hours a fortnight calculated?
It can be tricky to calculate 48 hours over a fortnight. As a general guide, 48 hours a fortnight is equivalent to approximately three days a week. The fortnight is a 14-day period commencing on a Monday. There are no restrictions on how the 48 hours is split over the fortnight, but students need to be mindful that they don’t exceed the 48 hours in a consecutive two-week period. See the example below.
In this example, the student’s work hours are split as follows:
Week 1: 15 hours work
Week 2: 30 hours work
Week 3: 30 hours work
Week 4: 10 hours work.
Over weeks one and two, the student works within the 48-hour limit, however when weeks two and three are combined, the work limit is exceeded. Students need to ensure that the hours worked don’t exceed the limit in any fortnight within a month, unless an exemption applies. Otherwise, they will be in breach of their visa condition, making their visa liable for cancellation.
Students who are studying a masters or doctoral degree can work more than 48 hours a fortnight.
Other important Information for International Students
It’s important that students understand their work rights. Their work rights may be impacted by the course level and the visa held when applying for a student visa.
Students must also ensure that they are prioritising their education.
Students must ensure that:
- They maintain their course enrolment
- They have satisfactory course attendance
- They make satisfactory course progress
Student visa holders may be in breach of their student visa conditions if they:
- Cancel their course enrolment
- Stop attending classes
- Fail to meet satisfactory course progress
The Australian Government recently announced the long-awaited Migration Strategy. As part of the strategy, the Government will crackdown on unscrupulous education providers to not only improve the quality of international education but also reduce exploitation of international students.
To learn more about employing international students or working while on a Student Visa, contact the experienced team of registered migration agents at Visa Solutions Australia. Book a consultation.