How to arrive and

Barriers in the workplace for immigrants

The single greatest problem for people with professional qualifications from other countries is the amount of protectionism from unions and other bodies that exist to protect local workers in Australia. For certain trades and professions a local state licence is needed which may have certain costs and requirements attached. Moving to another state may require the whole process of acquiring a new licence to be repeated. Professionals such as doctors, dentists, electricians, nurses, lawyers, accountants, plumbers, builders and several others are required to have some kind of license or recognition of their qualification in order to work in Australia.

Many immigrants to Australia find out pretty quickly that their home qualifications are not recognised in Australia. You may have worked in the best company in your industry in your home country, but this will mean nothing to many Australian employers. The exceptions to this tend to be multinational companies with branch offices in Australia.
Qualifications obtained in Australia are preferred in general to those obtained in other countries. It’s a little easier for people coming from certain countries (such as the UK) that have a similar qualifications standards system as Australia. Nevertheless there may still be many requirements such as having to be registered and recognized by the relevant trade union for example. Any course completed in Australia has much more value because employers have more knowledge of it.
It doesn’t hurt to have an Australian qualification related to your field before emigrating. The other advantage of having this is that you can gain points when in the process of applying for a skilled migration visa. After arrival you could of course take a university or vocational course in Australia to improve your prospects once you’re much more fully aware of your industry’s needs.
A lack of practical work experience in Australia is sometimes a serious problem too. For a variety of reasons Australian employers are somewhat reluctant to employ a person without local work experience. One approach to solve this catch-22 situation to get work in your field albeit not very well paid. This can give you the ‘lacking’ professional Australian experience which will allow you to then apply for more suitable positions. This approach will of course take time and require you to have sufficient savings to support yourself until you secure a higher paid job.
Certain occupations have special requirements which usually means registration or licensing with a government authority and/or membership of a professional or industry association. You should find out what these are for your occupation before you plan to migrate permanently in Australia.
For many so-called white-collar jobs your professional skills and qualifications may need to be formally recognised by the appropriate Australian authority before you are allowed to work. It is obviously preferable to have this done by the time you arrive in Australia. In some cases, a bridging course may be required to meet some professional requirements for registration or membership of a professional body. This is additional training to ensure that your skills meet the standards required and/or you are fully aware of the Australian way of doing things in your industry. Be sure to include the potential cost of this (financially, time- and stress-wise) in your planning. If you are required to take a bridging course, the Australian Government may provide a loan to help pay for tuition fees for certain professional courses.
The national Australian body which oversees the accreditation of people’s qualifications (National Office of Overseas Skills Recognition) can be visited online at:

http://www.dest.gov.au/international/noosr_fwd_aeionline.htm
Another body which has an involvement in appraising skills is Trades Recognition Australia and can be found at: http://www.workplace.gov.au/tra
If a bridging course is required, then visit: http://www.goingtouni.gov.au/main/quickfind/internationalstudents/bridgingcoursesforoverseastrainedprofessionals.htm

Wages and working conditions

Awards

In Australia wages and working conditions are set out by law in the Workplace Relations Act of 1996, which also allows for different ways to determine working conditions. These alternative ways are what follows now.

1. 
   Many jobs are covered by a federal government or state industrial award. These are legally binding documents which set out the minimum conditions of employment for wages, allowances, overtime rates of pay, hours of work, and leave for recreation or illness.
   
2. 
   Some workplaces are covered by certified agreements (CA) which are collective agreements made between an employer and a group of employees or unions representing them. These agreements, which set out working conditions including wages and entitlements, are used in place of an award.
   
3. 
   Some workers are covered by an Australian Workplace Agreement (AWA) which is an individual agreement between them and the employer. This agreement is negotiated between the worker and his or her employer to set out wages and conditions of employment. This agreement is also used in place of an award.
   
4. 
   Some workers are not covered by an award or an agreement and have common law employment contracts. This is more common for real estate agents, or for people who work in some areas of information technology (IT) and those who do temporary contract work through an agency. If you work in an area not covered by an award or agreement and have been offered a written contract of employment, you should read the document carefully before you sign. You may also wish to ask someone else with Australian workplace experience to have a look at the contract to help you understand it and to ensure that it is fair.
   

Further information can be found at: http://www.wagenet.gov.au Wagenet provides information on wages and conditions under federal awards and agreements. For state awards and agreements, look under Related Sites.

The average weekly wage in Australia is: Gold Coast and Brisbane +/- A$450, Sydney A$495, Melbourne A$480 and Canberra A$520. In the cities where wages are lower, so too is the cost of life, so things evens out.

Leave

Most employees are paid for public holidays, except for contract workers and casual employees who are only paid for their actual hours worked. Other paid leave for most employees (except contract workers and casual employees) should almost always include annual or recreation leave, sick leave and long service leave. Some employers might also grant family or carer's leave (to look after ill family members), or what is called ‘personal leave’ which combines sick, family and carer's leave. The details of the award or agreement covering your job will have all the details about your leave entitlements.

Union or not?

Employees are free to choose whether or not they want to join a union as stipulated by the Workplace Relations Act. Other laws also exist to protect employees against discrimination based on their membership or non-membership of a union. The most common role of unions is to represent their members in negotiations over wages and conditions with employers. Unions also tend offer other services that benefit their members.

The Australian Council of Trade Unions website can be viewed at: http://www.actu.asn.au/
Superannuation

Superannuation is the compulsory savings programme for full-time employees aimed at making sure that you have money to live on during your retirement age. Australians call it the "super". Nearly every employed person must join a superannuation fund – it’s the law of the land to do so. Your employer is required to pay an amount equal to nine percent (9%) of your earnings into your superannuation fund. You can also put extra money into your superannuation fund yourself.

Be wary of employers who pay too little or nothing into your superannuation fund. To find out if your employer is paying the right amount of money, you will have to check with the people who manage your superannuation fund. The Australian Taxation Office has the most and latest of information on this topic at: http://www.ato.gov.au/super/
The Australian Securities and Investments Commission also has some useful information. Their website can be found at: http://www.asic.gov.au and once there use their search box (top right on homepage) to type in ‘super decisions’. You’ll be returned some results; from these click on ‘02/362 Super decisions: latest financial tips…’ There at the bottom of their article you’ll find a document that is worth reading.
Equal employment opportunity (EEO)

The anti-discrimination laws of Australia make it illegal for employers to discriminate against employees or those applying for work. Under these laws employers cannot prefer one employee over another for training, promotion or a new job, based on a person’s:

• 
  race, (including colour, nationality or ethnic origin )
  
• 
  gender
  
• 
  sexual preference
  
• 
  marital status
  
• 
  family responsibilities
  
• 
  pregnancy
  
• 
  age
  
• 
  physical or mental disability
  
• 
  religion
  
• 
  political opinion
  
• 
  membership (or non-membership) of a union
  
• 
  social origin
  

If you have reason to believe that you have been discriminated against at work, or during a job application process, you may have this investigated. You can contact the Human Rights and Equal Opportunity Commission to investigate and take remedial action. They may also refer you to your local state or territory anti-discrimination or EEO offices. This organisation’s website can be found at: http://www.humanrights.gov.au

Dismissal and termination

Most awards and agreements include criteria stipulating how employment can be terminated by an employer. There can be many different reasons for dismissal. This can be poor work performance or the job is no longer needed by the organisation (commonly known as redundancy). Under the law employees are also protected from unfair dismissal and unlawful termination of their employment. Be aware of the distinction between these two concepts.

Unfair dismissal is when there is a valid reason for dismissing a worker, but the employer went about it the wrong way.

Unlawful termination is when a worker is dismissed, but there was no valid reason for it. The following are not valid reasons:

• 
  temporary absence from work due to illness or injury;
  
• 
  nominating or acting as an employee representative such as being a union representative;
  
• 
  filing a complaint or participating in legal proceedings against an employer;
  
• 
  refusing to negotiate or sign an Australian Workplace Agreement;
  
• 
  being absent from work on maternity or other parental leave; and
  
• 
  any reason based on discrimination (see the above paragraph under EEO).
  

If you are at all unsure as to the reasons why you are being dismissed by your employer, you should speak to your supervisor or your union representative (if you joined a union). By law your employer must provide you with a notice in writing explaining the reason.

Harassment in the workplace

Workplace harassment is behaviour by another employee where you work which is abusive, offensive, belittling or threatening. Harassing behaviour is words or actions that are unwelcome, uninvited, unpleasant and usually repeated. Workplace harassment comes in many forms. It can be inappropriate shouting, use of offensive language or gestures, criticism for non-work related matters, being bullied, having your career prospects threatened, or even just being given a higher workload than your peers. Unfortunately sometimes workplace harassment can be of a sexual nature. Some forms of harassment can also be illegal as it can affect the health and safety of the workplace.

Workplace harassment usually affects how well you do your job. It can also affect your personal life negatively. Harassment based on discrimination is illegal. If you think that you are being harassed because of your race, your way of speaking, your culture, or any of the reasons given above under the paragraph under EEO, then you can have this investigated. If you suffer from harassment, you should take action and speak to the supervisor of the person harassing you, or your workplace occupational health and safety representative, or your union representative if are an union member. Where physical assault has occurred in the workplace you are entitled to report it to the police.
Harassment is no more common is Australia than anywhere else in the world. However, it does happen and you are able to take action against it.
Australian occupational health, safety and welfare in the workplace

Under Australian law employers have a duty to protect the health and safety of their employees in the workplace. Every employee commencing work at their new employer should be given suitable instructions, training and supervision on health and safety matters for their new place of work. This is especially important if people are working with electrical or mechanical equipment or chemicals.

Employees cannot be dismissed because they have been injured at work and can no longer do their job. If injured at work, an employee’s income is further protected through workers' compensation (known as ‘workers comp). Employees can claim compensation for lost earnings and for such things as medical expenses incurred if injured at work or while travelling for and during work. In some states or territories, you may also be covered for injury which occurs during travelling between home and work, and between work and home.
The Australian government National Occupational Health and Safety Commission has more on this topic at:

http://www.nohsc.gov.au

- Chapter 8 -
Employment in Australia – finding a job