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Hi,
Ok so my best friend is on the working holiday visa subclass-462. We are finding it hard to understand the intricacies of the 6 month limitation for casual work. We are trying to do the right thing by the government and the law and NOT have her work past her 6 month limit but we want to make sure she works up to the last possible day.

Bit of a background - she has been working at 2 seperate company's for the last 4.5 months. This is casual work and she is NOT paid for days she has off, sick days or holidays.
We have called Dept of Immigration and they confirmed a few things but all they mention is 6 calendar months. We need to know specific days calculated to make sure she doesn't go over. The Dept of Immigration quote 6 months and that this work doesn't need to be continuous if she isn't in a working relationship ie. on a salary and is paid for holidays which she isn't she is just casual and only paid for days she clocks in and out.

Company A - Monday - Friday (with some Saturday's and Sunday's if clients come in). But usual business days are Monday to Friday. From her first physical shift there she has work approx. 125 days there over 4.5 months. Getting close to 6 working months in number of days.

Company B - Retail work. 2 days a week Saturdays and Sundays. 3-4 hour shifts at a time. We have worked out that from her first physical working shift to today's date, she has only worked 16 days total over 4.5 months. No where near 6 months if counting working days only.

Our questions:
1. What is Dept of Immigrations definition of 6 months? Is it 180 days? Some months are longer then others ie. 30 or 31 days per month.

2. Does this mean 6 months of physical WORKING days and these can be done over a longer period if she gets less shifts? ie. 2 shifts a week over 8 months.

2. If she doesn't work weekends at her Company A job does this then mean she can technically work longer as a working month is 25 days (Mon-Fri 5 days a week x 4 weeks) but weekends aren't included.

3. At her Company B job she has technically only worked 16 days in 4.5 months. Does this then mean if she gets the same casual 2 days a week, she can keep working there for another 4-5 months without issue as the pyhsical days she works are minimal and sporatic?

4. Is there a way we can prove she is ok to work to her employers? ie. get this in writing from Dept of Immigration some how as this isn't stated clearly on their website.

5. Is there a different 'day or month' count for retail industry vs a business industry? ie, How is working 7 days a week for one company counted differently from working 5 days a week for the same company. Shouldn't the person receive extra 'calendar' month time as the person is working 8 days less then someone working 7 days a week.

6. What is the project working time left for Company A and Company B?

I hope hope hope there is someone out there in this forum that can help answer any or all of these!
Thank you in advance and looking forward to any info that will help!
 

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6 calendar months

1 January - 30 June is 6 calendar months.

Pick a start day, and go six months stop at the number before the day you started on. For instance if you started on the 10th your last day 6 months later would be the 9th.

***note - "Work in Northern Australia in certain industries
For certain industries in Northern Australia, if you can demonstrate that you have worked for one employer for 6 months, you can be given approval to work for up to
6 additional months with the same employer (a total of 12 months work).
Employment extension requests in Northern Australia will be considered in the following industries:
• aged and disability care;
• agriculture, forestry and fishing;
• construction;
• mining; and
• tourism and hospitality.
For the purposes of an employment extension request, Northern Australia is considered all of the Northern Territory and those areas of Queensland and Western Australia above the Tropic of Capricorn." ***

The physical day counts are irrelevant and only confuse people due to the farm work day count requirement of the 417 visa.
 
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