Sourcing labour
Migration Act changes from 1 July 2024
The Australian Government has made changes to the Migration Act to strengthen protections for migrant workers.
This may affect the information on this page. Check back regularly for updates.
On this page:
- Labour hire and services contracts
- Checking supply chains
- Employing legal workers
- Finding employees
- Job ads
- Employing young workers
Labour hire and services contracts
A business can have contracts with other businesses to provide them with workers. This is known as labour hire.
Businesses can also have contracts with other businesses to provide services by taking on part of their work. This is known as a services contract.
Businesses who have been contracted to provide labour or services can contract out the labour or services to another business. This is known as subcontracting. This also creates a supply chain or contracting network.
Checking supply chains
It's important you engage contractors who do the right thing by their workers in the supply chain. This means the contractors follow workplace laws and workers receive their lawful entitlements including correct pay and leave.
By doing checks of your supply chain, you can help protect your business against significant risks including damage to your business name and 'accessorial liability'. Accessorial liability is being held legally responsible for a contractor’s actions. This is important because if someone in your supply chain is underpaying workers and you know about it, you may be held responsible.
For help with selecting a labour hire provider, go to our Using labour hire page.
Employing legal workers
Employers are responsible for only employing people who are legally allowed to work in Australia. You might receive an infringement notice or face civil penalties if you engage or refer an illegal worker even if the person was sourced from a referral agent, labour supply company, or contractor or subcontractor provision services.
Learn more about employing migrant workers through labour hire, including sample contractual clauses you can use, on the Department of Home Affairs website.
If you employ migrant workers (either directly or through a labour hire arrangement), it’s important that you understand visa types and how to comply with visa rules and conditions, and ensure your worker has the right to work in Australia.
To check the visa details of employees and potential employees, register with the Department of Home Affairs’ free Visa Entitlement Verification Online (VEVO) system. Make sure you check regularly for any changes to an employee's visa conditions.
For more information and advice about visas, go to the Department of Home Affairs website or call 1800 040 070.
Your business may also be required to register with the Australian Taxation Office as an employer of migrant workers and withhold tax according to the ATO's requirements. For more information, go to Employer registration for working holiday makers on the Australian Tax Office website.
Finding employees
From 30 June 2024, the National Harvest Labour Information Service is no longer available.
The Australian Government has a free job search website that connects job seekers with employers working the Harvest Trail at Workforce Australia.
Job ads
Job advertisements (ads) can't include pay rates that breach:
- the Fair Work Act, or
- a fair work instrument (such as an award or enterprise agreement).
For more information visit Job ads.
Employing young workers
The age young people can start work depends on the state or territory that they work in.
The minimum working age applies to all workers, including those starting an apprenticeship or traineeship.
Check the minimum working age with the relevant state or territory authority:
