The workplace impacts of current immigration policy 

With recent changes to immigration policy in Australia, HR practitioners will have to deal with growing scrutiny surrounding compliance amid these evolving regulations.

In its latest report, Key Employment Trends In Asia Pacific, global law firm Baker McKenzie explored the impacts that immigration policy changes will have on organisations and how HR practitioners can ensure that they are keeping up with the government’s compliance requirements.

Baker McKenzie Australia immigration and mobility senior lawyer Hanna Jung (pictured) said: “With the introduction of criminal penalties and heavy fines under the Migration Amendment (Strengthening Employer Compliance) Act 2024, it is important that HR practitioners prioritise immigration compliance as a core aspect of their risk management function.”

A focus on compliance

In its report, the firm postulated that these immigration policy changes could lead to the mandate of more stringent local job advertisement and recruitment requirements.

Baker McKenzie Australia employment and compensation partner Michael Michalandos highlighted the need for employers to focus on compliance amid the re-election of the Labor government.

Michalandos recognised the impacts of significant amendments to federal employment, anti-discrimination laws, whistleblowing, and work health and safety laws over the past few years on the role of HR professionals.

“Sanctions for breaches have significantly increased in key areas, as has the range of persons who may be held responsible for breaches,” he said.

Adapting to changing regulations

Jung stressed the importance of HR practitioners’ role in safeguarding their organisation’s reputation, amid tighter regulations.

Close collaboration between HR professionals, legal, payroll, and recruitment teams is crucial for compliance, she added. To be compliant, internal workforce and mobility strategies, policies, and processes must be kept up-to-date in line with these changing immigration regulations, she urged.

“HR will need to take a proactive approach in developing and implementing robust internal mobility workforce policies and processes to mitigate any potential risks or penalties,” she said.

In addition to working with these functions, internal stakeholders must also be consulted, she said, right from the start of the recruitment process. Since intra-company transfer arrangements are often prioritised over local candidates, organisations will need to look to the local labour market before considering overseas workers, she concluded.