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Hoang Quyen Le

A Question ABout Claiming Work Experience

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Hi everyone, I have a question in regards of claiming work experience. So I have a friend who is currently working as a chef. His pay rate is in line with the hospitality industry awards. He works Fri, Sat & Sun. He's a casual so his weekly working hours vary, it can be 17, 18 or sometimes even 20+/week. He still abides by the working hour restricted rule, here's an example of it:

1st week of September: He worked 19.25h

2nd week of September: He worked 19.25h

3rd week of September: He worked 20.5h

4th week of September: He worked 19h

The problem is, according to what I understand, in order to claim work experience, the applicant needs to work at least 20h/week. However, his agent said that even though he did not strictly work 20h/week every week, he still could claim the experience. The agent said when the CO asked for proof of employment, normally only payment summary and letter of employment confirmation/employment contract were needed. The CO may require payslips as well, but he (my friend) only needs to submit 12 weekly payslips which shows that he works 20h in the period of 12 working months (In the example above, that would mean he would use the payslip of the 3rd week of Sep). 

So here's my question. Is what the agent said true? Or besides payment summary and letter of employment confirmation/employment contract, the CO will require EVERY SINGLE payslip for every working months that you claim you have worked?

I'm looking forward to any clarification. Thank you in advance.

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Here is the current policy:

Working for at least 20 hours a week means 20 hours each week generally. However, where employment contracts provide for variable distribution of hours of work that extend beyond a week such as some shift workers, “fly in fly out” workers and seafarers, decision makers can take this into consideration in determining whether a person has worked ‘at least 20 hours per week.’

Decision makers should also be fair and reasonable when applying this provision in relation to applicants employed on a casual basis who, because of illness or other compelling and compassionate reasons, may have fallen short of the 20 hour benchmark for one or more weeks over the relevant period.

To evidence claims, applicants may be asked to provide detailed evidence of their terms of employment and salary payments.



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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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