Regional Work - 88 days of 3 months?

Vertakill

Just wondering about this as I'm hearing so many different theories on it.

I'm working as a casual in a milk factory at the moment for regional work and every Irish person there has said they need to do 88 days work as the employer hires everyone as casuals and basically dictates that they work 88 days or they won't vouch for them if/when immigration contact them to ask whether you've done your time there.

Then, other people are telling me you only have to work 3 calendar months in a job (doing full working weeks).

The immigration website differentiates between casuals and full-time/permanent workers and that's where the confusion lies.

I'm working 6 (sometimes 7) days a week and doing a minimum of 50 hours... much more than the vast majority of permanent staff in other jobs... but am I still required to do the 88 days?

I'm thinking yes, I am. Unfortunately my partner only has 90 days (not including Christmas, Stephens Day and New Years Day) between when she started and when her visa expires in order to get the 88 days done... so we're working pretty much everyday!

Edit: After a bit of reading, I think casual workers are entitled to work for normal pay on public holidays... therefore if the factory is closed on Christmas etc... I should still get the day counted I would assume seeing as I would be available to work? Correct me if I'm wrong!

markymark21

It's 88 days work. Whether you do this in three months or six months - it doesn't matter. If you are doing six day week's then it's gonna take you longer then three months- unless your employer signs you off as having worked 7 days a week

Also a full days work only means 5 hours or more, if you are casual or full time or are working 16 hour shifts this doesn't make any difference

Vertakill

markymark21 wrote: »

It's 88 days work. Whether you do this in three months or six months - it doesn't matter. If you are doing six day week's then it's gonna take you longer then three months- unless your employer signs you off as having worked 7 days a week

Also a full days work only means 5 hours or more, if you are casual or full time or are working 16 hour shifts this doesn't make any difference

Not sure where you're getting your info from...?
There is a section on immigration site that specifically refers to either 3 months or 88 days - there's a big difference.

It states that if you stick with one employer and do "the industry standard working week" for that given profession, you can finish in 3 calendar months if you're a full time employee. It does not refer to how many days you've worked - just that you must do the full working eek for whatever job you're in.

HOWEVER, this is a significantly less amount of time taken than if you were to accumulate 88 days by doing 5 days per week.

3 consecutive months is a lot more appealing than 88 days for me.

ifeelill

Can you give us the link to the immigration website ?

But from what you said that your employer wont sign off on any employee who hasn't done 88 days.

So it would seem that even if you worked three months and no the 88 days that the employer still wont sign off on you with immigration so just do the 88 days.

I just dont see the issue here.

Vertakill

ifeelill wrote: »

Can you give us the link to the immigration website ?

But from what you said that your employer wont sign off on any employee who hasn't done 88 days.

So it would seem that even if you worked three months and no the 88 days that the employer still wont sign off on you with immigration so just do the 88 days.

I just dont see the issue here.

The issue is that they could be just saying that to every WHV in order to get 88 days of slave labour. Ultimately it's down to immigration.
If they're looking into my time here and are satisfied I done 3 calendar months rather than 88 days, then what my employer thinks is irrelevant.

I'll have every payslip scanned and ready for when I apply so there'd be no problem proving what days I've done.

http://www.immi.gov.au/visitors/working-holiday/417/specified-work.htm#d

But I still think I could have to do 88 days.
Girl I know did 3 calendar months with an egg factory and their full working week was only 3 days and she got her visa fine.

ifeelill

General requirements You must:

• have completed three months of specified work in regional Australiawhile on your first Working Holiday (417) visa (there is no requirement to do further specified work on the second visa)
• not have previously entered Australia on a Work and Holiday (462) visa
• be aged between 18 and 30 years (inclusive) at the time of applying, however, you may be aged over 30 years of age at the time your visa is granted
• be applying no more than 12 months before you intend to travel to Australia, if applying from outside Australia
• will not be accompanied by dependent children at any time during your stay in Australia
  Note: A dependent child is the child, or step-child, of you or your partner who:
  • is not married, engaged to be married, or in a de facto relationship
  • has not turned 18.

If you would like a dependent child to join you in Australia you must apply for a different visa such as a Tourist visa. If you have dependent children who will not accompany you at any time you must apply for a Working Holiday visa using the paper application. You are not able to apply online.
See: Working Holiday visa applications – paper

Source: http://www.immi.gov.au/visitors/working-holiday/417/eligibility-second.htm

The only reason i can infer that there is a 88 day requirement is if you wanted to take a break from employment and move into a different industry say as an example you might work 28 days with your current employer and then decided to move on to a different part of the country and work the remaining 60 days with a new employer but this is all irrelevant it says it all right there on the website the time period is three months.

Vertakill

Applicants who work part time or on a casual basis can only count the full days actually worked. The shortest period that can be counted is one day of full time work (for any given industry).
Note: The hours the applicant work must be the industry standard. Generally, the Australian working week is 35 to 40 hours, consisting of 7 to 8 hours worked each day. Individual employers cannot set a smaller period of time than the industry standard to satisfy the specified work requirement.

- this is the contentious part.

I'm doing 6 or 7 day weeks and I'm a 'casual'.
That's more hours and days than most full time work so is it still casual?

The definition of casual is someone who isn't guaranteed hours and isn't on a systematic roster according to Aussie employee rights.

We're rostered in for 6 days a week and we're volunteering for the 7th in order to get the 88 days done quicker.

But I was just told that a girl in hwre phoned immigration and they said to do 3 months but the company said she had to do 88 days.

I don't really care what the company says if I can prove I worked 3 consecutive months here to immigration.

Mellor

Vertakill wrote: »

Applicants who work part time or on a casual basis can only count the full days actually worked. The shortest period that can be counted is one day of full time work (for any given industry).
Note: The hours the applicant work must be the industry standard. Generally, the Australian working week is 35 to 40 hours, consisting of 7 to 8 hours worked each day. Individual employers cannot set a smaller period of time than the industry standard to satisfy the specified work requirement.

- this is the contentious part.

I'm doing 6 or 7 day weeks and I'm a 'casual'.
That's more hours and days than most full time work so is it still casual?

The definition of casual is someone who isn't guaranteed hours and isn't on a systematic roster according to Aussie employee rights.

We're rostered in for 6 days a week and we're volunteering for the 7th in order to get the 88 days done quicker.

But I was just told that a girl in hwre phoned immigration and they said to do 3 months but the company said she had to do 88 days.

I don't really care what the company says if I can prove I worked 3 consecutive months here to immigration.

You are a casual in the sense that you are not permanent, but your work done is full time, so you can count the weeks. If you are working full time, then mon-sunday counts a 7 days, regardless of working 6 or 7 days. So just under 13 weeks gets you your 2nd year

In terms of the second 417 visa, casual work rule is in relation random stints of a few days. 3 days one week, 4 another etc, as the workload is picks up and stops.

Vertakill

Just off the phone to immigration there.

Looks like you're right Mellor (thank god!)

They said that the casual thing on my contract makes no difference if I'm working full working weeks. So 3 calendar months is all we need then if we do full working weeks.

Our contract actually states 38 hours per week as the standard week but everyone works 6 days a week... so while I think we can technically work just 5 days a week and get the visa... I'd rather not chance it.

I did ask about any days closed due to public holidays and she said, in that case you'll have to do 88 working days.

But seeing as our factory is only closed for Christmas (and I think, New Years), we can still do the 6 days a week even if we don't work Christmas while the factory is closed.

The only snag is that one of the pieces of information I need for immigration is the form that needs to be filled by the employer at the end of our employment there... they may dig their heels in and say we didn't work the 88 days etc... could be interesting.

danotroy

hello i am currently doing my regional work in koo wee rup south east of melbourne its in the right post code and its on the train line. terrible work picking asparagus for pittance. but this is from the IMMI website.

Examples of three months

Examples that meet the three month requirement

Working week
Working on a farm for three months for five days each week, where the industry standard is five days a week of full time work.

so i take from this that i work 5 days MON till FRIDAY full time i can count it as 7 full days. I work this and head back to my place in the city for the weekend. i will be counting every full week i work (mon-friday) as 7 days as i am full time and i pick every night no matter what the weather.

Mellor

danotroy wrote: »

so i take from this that i work 5 days MON till FRIDAY full time i can count it as 7 full days. I work this and head back to my place in the city for the weekend. i will be counting every full week i work (mon-friday) as 7 days as i am full time and i pick every night no matter what the weather.

Yeah, as long as Mon-Fri is the industry standard on that farm for everyone else.

Shauneen31

hi all was just wondering if anyone could help me out. Im doing my regional work with a traffic control company and i am employed on a casual basis and im here nearly 4 months noe and only have 54 days done.. Since im with the one company am i still eligible for the three calender months. Are you allowed to add up to weeks to make one standard week (worked three days one week and two days the next week so add them to make one week altogether). when we asked what the standard week as they said that they didnt have one but we know that all full time staff have to work at least 38 hoiurs a week. Any help would be really appreciated