Google AI

Weekend Times


The Times

Business News

When companies go bust, temporary visa holders miss out and that's wrong

  • Written by: Kevin Davis, Professor of Finance, University of Melbourne
When companies go bust, temporary visa holders miss out and that's wrong

The exclusion of temporary visa workers from reimbursement under Australia’s Fair Entitlements Guarantee (FEG[1]) scheme for lost wages and entitlements (annual leave etc) owed to them when their employer collapses[2] is not just unfair.

It is inconsistent with other important government guarantee schemes, such as the Financial Claims Scheme (FCS[3]) for bank deposits and insurance policies, where non-residents are eligible[4].

Read more: There's serious talk about a "job guarantee", but it's not that straightforward[5]

It is also inconsistent with the principle of non-discrimination expressed on the Fair Work Ombudsman website[6]:

all people working in Australia, including foreign workers, are entitled to basic rights and protections in the workplace.

Lost jobs and hardship

During the current coronavirus crisis many workers have experienced the hardships of both losing their job and then discovering that unpaid wages and other entitlements have been lost due to insolvency of their employer.

Australian citizens, permanent (and some other) visa holders are entitled to claim for compensation under the FEG, albeit with limits on the amount claimed.

But temporary visa holders, such as international students working in shops[7] or hospitality[8] to earn enough for rent and living expenses, are not eligible to claim.

Is it right to exclude them from the Australian taxpayer support provided by the FEG? Yes, if the objective of the scheme is solely to provide compensation for Australians suffering loss.

But no if the objective is to provide compensation for failings by bosses of Australian businesses to adequately provide for the amounts owed to any employees.

All workers should be covered

There is, in my mind, a very strong case for the latter answer, and thus inclusion in the FEG of temporary visa holders.

The FEG is an alternative to other methods of making sure employers adequately provide for amounts owed to employees. These could include an explicit, premium based, insurance scheme, or requirements for employers to maintain amounts in a trust account adequate to meet unpaid entitlements.

In the absence of such direct disciplining measures on employers, which would protect all workers, the FEG is a substitute to provide such protection.

Any of these approaches work to improve the efficient operation of the labour market by removing the need for potential and current employees to assess (and worry) whether an employer will be able to meet unpaid entitlements.

Not only is that a virtual impossibility for them, but their ability to take actions to reduce exposure to potential losses is highly limited (short of quitting and demanding immediate payment).

Other protections from businesses collapsing

It is worth comparing the FEG with the Financial Claims Scheme (FCS), which protects bank depositors and insurance policy-holders (up to maximum amounts covered).

Yes, an important feature is that it provides ex-post compensation for losses from a failed institution.

But a critical feature is that it enhances the stability and efficiency of the financial sector by removing concerns of those covered about risk of failure of their financial institution.

The resulting peace of mind also reduces the risk of “[runs[9]]” for example, where a large number of customers withdraw their deposits at the same time.

The FCS does not exclude non-residents with Australian dollar accounts, held in Australia, from its coverage. Just as Australian retail customers are generally unable to assess the financial health and risk of a bank or insurance company, so too are non-resident retail customers. Probably more so.

An important feature of the FCS is rapid access[10] to amounts owed by a failed institution. This reduces the disruption to customers relying on access to those funds for daily living and other expenses.

Read more: Cutting taxes for the wealthy is the worst possible response to this economic crisis[11]

The same arguments are relevant regarding coverage by the FEG. Covered workers need not worry about possible loss of unpaid entitlements if their employer fails.

Realistically, employees on temporary visas are even less likely than Australian employees to have the ability to assess risk of loss from employer insolvency. As casual or part-time employees they have less (if any) bargaining power.

The financial hardship resulting from loss of entitlements (on top of unemployment) of such relatively low-paid workers with limited access to other forms of financial support is undoubtedly severe.

Add to that the Fairwork principle of non-discrimination and the conclusion is obvious. The FEG should apply to such workers on temporary visas.

References

  1. ^ FEG (www.ag.gov.au)
  2. ^ owed to them when their employer collapses (www.theage.com.au)
  3. ^ FCS (www.apra.gov.au)
  4. ^ non-residents are eligible (www.apra.gov.au)
  5. ^ There's serious talk about a "job guarantee", but it's not that straightforward (theconversation.com)
  6. ^ website (www.fairwork.gov.au)
  7. ^ shops (www.sbs.com.au)
  8. ^ hospitality (the-riotact.com)
  9. ^ runs (dictionary.cambridge.org)
  10. ^ rapid access (www.apra.gov.au)
  11. ^ Cutting taxes for the wealthy is the worst possible response to this economic crisis (theconversation.com)

Authors: Kevin Davis, Professor of Finance, University of Melbourne

Read more https://theconversation.com/when-companies-go-bust-temporary-visa-holders-miss-out-and-thats-wrong-142281

The Weekend Times Magazine

Out of 500 Nominations, My Guardian Breaks into Top 3 at Australia’s Prestigious 2025 ACE Awards

Sydney, 22 July 2025 – From humble beginnings to national recognition, My Guardian is celebrating a milestone achievement - being selected as one of the top three finalists in the...

The Quiet Drive Home: Why Weekends Away Can Leave Us Feeling Empty

There is a curious emotional moment that arrives at the end of a wonderful weekend. The bags are packed, the holiday house is tidied, the final coffees are finished, and...

Why Car Sharing is dominating Car Renting

Sustainability, budget, urban living, lack of parking – these are just a few of the reasons that many people are choosing not to buy cars in today’s environment. ...

Australian holiday deals from Accor

For travellers looking to escape their cabin fever and embark on a holiday closer to home, Accor has released a range of state-by-state accommodation deals.   If you’re yearning for a change...

The Ultimate Guide to Choosing the Right Removalists for Your Next Move

Whether you are relocating for work, upgrading your living space, or downsizing, the process of moving often requires careful planning, organization, and assistance. One of the most important steps in...

Kmart at home: Why Australians keep coming back for stylish living at everyday prices

There was a time when discount department stores were often associated with buying the basics. A kettle, a mop or a few household necessities would do the job, but style...

How Much Should a Small Business Actually Budget for a Website in 2026?

Three quotes land in the same inbox. One says $890. One says $4,600. One says $11,000. All three are for a five-page website for the same Sydney plumbing business. All three...

5 Top-Rated Tourist Attractions in Australia

Australia is an interesting country that has a spectacular beauty in the form of ancient rainforests, vibrant cities, sand islands, and turquoise beaches. Moreover, the people there are friendly and...

Experienced Accident Lawyers Brisbane and Accident Compensation Claims

When a serious accident disrupts your life it can feel like everything changes overnight. Injuries often mean hospital visits ongoing medical treatment and weeks or even months off work. On...

hacklink esim new zealandjojobetjojobetjojobethacklink panelBetim