Modern Australian
The Times

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) scheme for lost wages and entitlements (annual leave etc) owed to them when their employer collapses is not just unfair.

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

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

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

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 or hospitality 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]” 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 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

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.

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

What Every Homeowner Should Know About Roof and Drainage Maintenance

A home's roof and drainage system work together every day to protect the property from water damage. While many homeowners focus on visible areas such...

From Plans to Priced Quote: The Estimating Workflow Most Builders Skip

For a small one-off job, an experienced builder can size up the materials in their head. The problem is that most jobs are not small one-off jobs, and...

Organisational Experts Share Their Tips for Achieving a Clutter-Free Kitchen

They say the kitchen is the heart of a house which means a clutter-free kitchen not only makes your home in general look nicer, it also makes cookin...

10 Creative Ways AI Image Extenders Are Transforming Digital Content Creation in 2026

Introduction Artificial intelligence continues to reshape the digital landscape, and one of the most exciting innovations in 2026 is the rise of AI i...

What to Do When You're Arrested in Victoria

Most people have thought about this in the abstract. A knock at the door, a hand on the shoulder, a car pulled over on the Hume. In the abstract, th...

Common Financial Disputes During Separation

Separation hits on many levels, not just emotionally. When a partnership ends, untangling the financial side — assets, debts, and everything built t...

Why Posting More Content is Killing Your Brand

More content. More often. More platforms.Most brands have been running this playbook for three years. Most brands have nothing to show for it.Not be...

Garden Clean-Up vs. Regular Maintenance: Which Do You Really Need?

Most people ring a gardener and ask for a "tidy up." What they mean by that, and what the garden actually needs, are often two completely different ...

Solar Panel Maintenance Tips for Melbourne Homes

Three years in and the panels are still on the roof. The inverter is still blinking. The electricity bills are still lower than they used to be, rou...

Cost Effective Kitchen Renovations – From the Ground Up

Even in times of uncertainty, it seems renovations continue to be on the to-do list for many Australian property owners. As a result, demand on materi...

Why Bathroom Product Selection Matters More Than Most Homeowners Realise

Most homeowners think wrong when it comes to a bathroom renovation. They think hard about the layout. Spend hours choosing tiles. Agonise over pain...

How An Asbestos Removalist Ensures Safe And Compliant Property Environments in Melbourne

Maintaining a safe environment within residential and commercial properties requires careful management of hazardous materials, which is why engaging ...

Why Protein Bars Are A Convenient Option For Daily Nutrition And Energy

Maintaining balanced nutrition throughout the day can be challenging, especially for individuals with busy schedules, which is why protein bars hav...

Property Settlements After Separation: Key Considerations

Dividing assets after a separation is one of the more complex and emotionally charged aspects of the process. Understanding how property settlements...

Why Dust Control Matters During Bathroom Demolition

People usually expect bathroom demolition to be noisy.  No one thinks of dust — but it turns up everywhere. Inside cupboards. On couches. Along...

Why Roller Shutters And Outdoor Blinds Are Popular For Modern Properties

Many homeowners and businesses now install roller shutters to improve security, privacy, insulation, and weather protection across residential and ...

Slushie Machine Hire for Events: What to Check Before Booking

There's a moment at every great event when guests stop what they're doing and just enjoy something. A slushie machine is often that moment. It draws p...

Why AS/NZS Certified Sunglasses Are Essential for Australian Kids

Australia has some of the highest UV radiation levels in the world. That's not a warning label exaggeration; it's a measurable, documented fact that s...