Australia

The basic minimum wage is $23.23 per hour, or $882.80 per 38-hour week and applies unless there is another agreement in place for the employer or industry. Most employees in Australia are covered by an award or enterprise agreement and are entitled to the minimum wage in the award or agreement. Bonuses are common in Australia and are based on annual pay or determined by an award or enterprise agreement.

Employees are entitled to sick and care leave in Australia. This is also referred to as personal/carer’s leave. Full and part time employees receive at least 10 days of paid annual sick and care leave, to use if unable to work due to illness or to care for an immediate family member who is ill. Unused leave is carried over to the next year. Employees can take any accumulated sick or care leave. Employees are paid at their base rate on days they are on personal/carer’s leave. Employees also receive two days unpaid leave to care for an immediate family or household member. Employees are not permitted to take unpaid care leave when they have available paid personal/carer’s leave.

In addition to public holidays, full-time and part-time employees receive four weeks of paid annual leave in Australia, but as many as six weeks is common. Employees working in shifts may get up to five weeks annual leave. Unused leave can be carried over. An employee may be required to take leave if carrying an excessive balance. Employees may be able to cash out or receive pay for unused vacation. Employees must retain at least four weeks of leave, there must be a written agreement each time leave is cashed out, an employee cannot be forced to cash out and the employee must be paid the same amount as if they had worked. Any unused leave is paid out on termination of employment.

In Australia, the public holidays are:

• New Year’s Day

• Australia Day

• Good Friday

• Easter Monday

• Anzac Day

• Independence Day

• Christmas Day (with the exception of Heard & McDonalds Islands)

• Boxing Day (with the exception of Heard & McDonald Islands)

In Australia, termination of employment can occur during the probation period, at the end of the contract term, by the employer (with or without cause) or by the employee. An employer can dismiss an employee without providing notice at the end of a fixed-term contract, for serious misconduct, or if the employee performs certain daily or season work. Serious misconduct includes theft, fraud, assault, failure to follow reasonable instructions and conduct that risks the health and safety of another person or the employer’s business. Absent a fixed-term contract or misconduct, employers must provide notice prior to terminating an employee. This includes employees still within the probation period. Employment contracts and other agreements can establish longer notice periods. Employers can provide pay in lieu of notice. Employers are required to pay severance to employees dismissed due to redundancy. This includes eliminations related to new technologies, business slow-downs, insolvencies, bankruptcies, offshoring and onshore relocations and restructuring. Employers with fewer than 15 employees are not required to pay severance. Employers may also reduce the amount of severance by applying to the Fair Work Commission. Employees may be required to provide notice on resignation. The notice period should be specified in the employee’s contract or other agreement. If no notice period is provided, the employee must provide reasonable notice.

Australia has dozens of work visas, including for short-term and specialized work. When an employer wants to relocate an employee to Australia, the visa required is the Employer Nomination Scheme visa and is applied for under the Direct Entry stream. The is a permanent visa that allows employees to:

• stay in Australia indefinitely,

• work and study in Australia,

• enroll in the public health care scheme, Medicare,

• sponsor eligible relatives to come to Australia,

• travel to and from Australia for five years, and

• apply for Australian citizenship, if eligible.

Basic eligibility for this visa requires the employee to have:

•  the necessary skills for the job,

• a nomination by an Australian employer, 

• met health and character requirements,

• an occupation that is on the list of eligible skilled occupations,

• have at least 3 years relevant work experience, unless exempt, and

• have a positive skills assessment, unless exempt.

Documents required for an application for the Employer Nomination Scheme visa include:

• identity documents, such as passport, personal details, and passport issue and expiry dates, a national identity card, if you have one, and proof of change of name,

• skills and qualifications documents, such as documents that prove your skills and qualifications or prove you are exempt from proving your skills and qualifications,

• documents that show the employee has competent English,

• health documents, such as medical exam results provided by the employee’s doctor, and

• Character documents, such as apolice certificate from every country where the spent a total of 12 months or more in the last 10 years since they turned 16.

Australia has a tool on its website that estimates visa processing times.