Three months (to qualify for a second visa)
‘Three months’ of specified work is taken to mean a period equivalent to the three shortest ‘calendar’ months of the year, that is, a minimum period of 88 calendar days, including weekends or equivalent rest days during your period of employment.
To meet the three months’ specified work requirement you must complete the same number of normal work days or shifts as a full-time employee in that role and industry would normally work in a three month (88 calendar day) period. You can do this in a variety of ways, for example:
- working five days a week for a continuous period of three calendar months, including on a piecework rate agreement
- working less than five days a week over a period longer than three calendar months, including on a piecework rate agreement
- working multiple short periods of work in any combination of full time, part time or on a piecework rate, which add up to the equivalent of five days a week over three calendar months
You do not need to do your three months of specified work all in one go, or all with one employer. You are free to spread the work over the period of your stay in Australia. You can also undertake specified work for longer than the required minimum of three months.
You cannot complete the three month specified work requirement for a second Working Holiday (subclass 417) visa in a total period of less than three calendar months.
Example – Karsten – full time continuous work
Karsten works full-time for a construction company in rural Victoria as a builder from 1 December to 26 February, a total of 88 calendar days. Karsten works five days a week (Monday to Friday) for this whole period of time and is paid the correct legal wage. Karsten has met the three month specified work requirement.
Example – Kim – Does not meet three months of specified work
While on her first visa, Kim works two days a week at a vineyard maintaining vines and picking grapes from 1 February to 30 April. The vineyard work is eligible specified work and she is paid the correct lawful wage. The work has occurred over a three month period; however, she has not worked the equivalent number of days that would be worked by a full-time worker in a three month period. She will need to work a proportionately longer period of part time work to meet the specified work requirement.
Kim has not worked the equivalent of three months’ specified work and does not meet the requirement.
Six months (to qualify for a third visa)
‘Six months’ of specified work is taken to mean a period equivalent to the six shortest ‘calendar’ months of the year, that is, a minimum period of 179 calendar days, including weekends or equivalent rest days during your period of employment.
To meet the six months’ specified work requirement you must complete the same number of normal work days or shifts as a full-time employee in that role and industry would normally work in a six month (179 calendar day) period. You can do this in a variety of ways, for example:
- working five days a week for a continuous period of six calendar months, including on a piecework rate agreement
- working less than five days a week over a period longer than six calendar months, including on a piecework rate agreement
- working multiple short periods of work in any combination of full time, part time or on a piecework rate, which add up to the equivalent of five days a week over six calendar months
You do not need to do your six months of specified work all in one go, or all with one employer. You are free to spread the work over the period of your stay in Australia. You can also undertake specified work for longer than the required minimum of six months.
You cannot complete the six month specified work requirement for a third Working Holiday (subclass 417) in a total period of less than six calendar months.
Example – Karla – separate periods of full time and part time work
First job – While on her second visa, Karla works 5 days a week in a fruit orchard picking and packing fruit under a signed piecework rate agreement from 1 January to 30 April. This period counts as four calendar months (in this case 120 calendar days) towards the specified work requirement.
Second job – Later, Karla does casual work picking vegetables at a market garden for five days a fortnight from 1 August to 30 November. During this period of four calendar months (in this case 122 calendar days) she has worked half of the usual full time work hours for this employer. This period can therefore count as a total of two months (or 61 days) towards the specified work requirement.
Karla adds these two work periods together, counting:
Four months (120 calendar days) for the period of full time work
+
Two months (61 calendar days) for the period of part time work of two months
=
Six months (which in this case is more than 179 calendar days) of specified work
Karla has therefore worked the equivalent of six months of full time work and has met the six month specified work requirement.
When the six months of specified work must have been undertaken
All of your six months of specified work must have been undertaken:
- on or after 1 July 2019; and
- while you held:
- your second Working Holiday (subclass 417) visa; or
- after your first Working Holiday (subclass 417) visa expired, a bridging visa that was granted before your first Working Holiday visa expired when you applied for your second Working Holiday visa.
Work undertaken while you held any of the following visas is not eligible:
- your first Working Holiday visa; or
- any other kind of visa, for example a student visa; or
- a bridging visa granted while you held any other kind of visa.
Example – Akio – specified work while on a bridging visa is eligible
While Akio was in Australia on his first Working Holiday (subclass 417) visa, he applied for a second Working Holiday visa. During the processing of his application, his first Working Holiday visa expired, his bridging visa came into effect and he commenced specified work. His second Working Holiday visa was then granted.
The specified work Akio undertook after his first Working Holiday visa expired and while he held the bridging visa is eligible.
Example – Ingrid – specified work while on a bridging visa is not eligible
Ingrid left Australia when her first Working Holiday (subclass 417) visa expired and returned to Australia on a student visa. At the completion of her studies, she applied in Australia for a second Working Holiday visa. After submitting her application, she commenced specified work. During the processing of her application, Ingrid’s student visa expired and her bridging visa came into effect. Her second Working Holiday visa was then granted and she continued her specified work.
The specified work Ingrid undertook after she submitted her application and before her second Working Holiday visa was granted (that is, while her student visa was still valid or while she held the bridging visa) is not eligible. (However, specified work undertaken after the grant of her second Working Holiday visa will be eligible.)
Normal work days or shifts
You should agree with your employer the number of working hours, before you start work.
One single day of work is considered to be the normal number of hours per day or shift that is considered standard practice in the industry and role in which you are employed.
Note:
- If you are working on a piecework rate the number of hours can depend on the weather and ripening of crops.
- If you are working on an Award you should check your conditions of employment, including rostering, overtime, and penalty rates.
You cannot count work carried out on any one calendar day as more than one day of specified work. For example, if the industry’s standard day is five hours long, working 10 hours on one day – in a single or separate shifts for one or more employers – does not count as two days of specified work.
Example: While on her second visa, Maria works on a dairy farm milking and other duties. Maria makes an agreement with her employer to work five days a week (Wednesday to Sunday) from 4am to 7am and 1pm to 4pm each working day (a total of six working hours per day) for six months. These hours are considered normal for this role and Maria is paid the correct legal wage. Maria can count every day of work towards the six month specified work requirement, which she meets.
Example: While on his first visa, Jian works on a fruit orchard picking and packing mangoes. Jian is working on a piecework rate and works five or six days a week for three months. Depending on the weather and ripening of crops he works between five to eight hours each working day. Jian can count all of these days of work towards the three month specified work requirement, which he meets.
Example: While on her first visa, Sophia works on a cattle station as a jillaroo and farm hand. Sophia works five or six days a week for three months. She works between five to nine hours each working day (including meal breaks). These hours are considered normal in this industry and role and she has been paid the correct legal wage. Sophia has met the three month specified work requirement.
Australian public holidays and sick days
Australian public holidays and sick days (or equivalent workers compensation leave days) can be counted as a day of specified work if you are paid for that day. Public Holiday or leave days which are not paid cannot be included in your total period of specified work.
Note: If you are working on an Award you should check your conditions of employment including leave and public holiday entitlements.
Severe or seasonal weather
You cannot include any unpaid days where you did not work due to severe or seasonal weather towards your total period of specified work.
You should plan to complete your specified work early in your stay, as no exception will be made for failure to complete the required minimum period of specified work because of severe weather – or any other reason.
Example: While on her first visa, Petra was contracted to work 5 days a week under a piecework rate agreement on a sugar-cane farm doing harvest work from 1 June to 27 August – a period of 88 calendar days. However, she could not work for a total of 5 scheduled working days due to severe weather, and she was not paid for these 5 days. Petra later completed an additional 5 working days with another employer from 1 to 5 September, also under a piecework rate agreement. She has now completed the equivalent of three months (88 calendar days) of full time work and has met the three month specified work requirement.
Shift work
Variable shift work arrangements which are standard practice in the industry can be counted towards specified work. For example, if your full time paid employment contract involves two weeks rostered on for every day and then two weeks rostered off as rest days, provided this is standard practice in the industry, and you are paid for this whole period, then all four weeks (28 days) can be counted towards your total period of specified work. Be sure to keep a copy of your employment contract.