Student visa holder supermarket employees to be able to work beyond 40 hours per fortnight

The havoc wreaked by the coronavirus around the world continued this week, with sharemarkets and economies diving, events cancelled, and further travel restrictions added. Italy, the most affected European country was the latest to have travel restrictions placed on people who have been to the country within 14 days of seeking to travel to Australia. They have been added to Iran, mainland China, and South Korea as countries that are considered risky enough to require people to transition through a third country for at least a fortnight before being able to enter Australia.

There is, however, at least one group of people who will benefit. The acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs announced today that international students who are existing employees of major supermarkets will be able to work in excess of 40 hours per fortnight on a temporary basis. This measure has been announced to assist with keeping up with the demand for staples that are notoriously being hoarded: toilet paper, tissues, rice and pasta.

All primary student visa holders are subject to visa condition 8105. This condition requires the visa holder to not commence work until their course has begun. Once their course begins, they may work for up to 40 hours per fortnight when their course is in session. When their course is out of session, they have unrestricted work rights.

There are two exceptions to this 40 hour-per-fortnight restriction. The first is where work is a requirement for their CRICOS registered course, such as practical cooking experience for a Certificate III in Commercial Cookery. The second is for masters by research and doctoral degree students who will have unlimited work rights once either of these courses has commenced.

All secondary student visa holders (partners and children of the primary student visa holder), are subject to visa condition 8104, which is a blanket 40 hours per fortnight restriction once the primary student visa holder has commenced their course of study. The exception to this is for primary student visa holders studying a masters or doctoral degree. This will allow secondary student visa holders to work more than 40 hours per fortnight once that course is in session. Unlike visa condition 8105, the regulations for visa condition 8104 does not specify that the masters degree must be by research, meaning that studying a masters degree by coursework is acceptable for visa condition 8104, but not visa condition 8105.

As the media release states supermarkets must register to be allowed to employ current international students, the Department of Home Affairs (Home Affairs) is keeping a tight leash on which employers will have access to this exemption. Also, as the media release states international students, it does not appear that secondary student visa holders, who are non-students, will be able to be employed beyond their 40 hours per week restriction. Obviously, the supermarkets registered will have clear direction from Home Affairs in relation to which student visa holders this exemption can apply to.

Better stocked shelves mean more consumption, and one more way the government is trying to reverse a possible recession.