Monday, October 12, 2009

Employer Sponsored Workers

What's New for Employer-Sponsored Workers

On this page

* 457 visa program – Integrity reforms – 14 September 2009
* Subclass 457 – market salary rates
* Changes to English Language Proficiency – 14 September 2009
* Subclass 457 visa holders affected by the economic downturn
* Changes to the Subclass 457 Business (Long Stay) visa program
* Changes to salary levels for the Employer Nomination Scheme (ENS)
* Subclass 457 – Business (Long Stay) sponsor attestation
* Subclass 457 Integrity Review final report by Ms Barbara Deegan
* Subclass 457 – External Reference Group
* Arrangements for the on-hire industry – Subclass 457 visa program
* Arrangements for the meat industry – Subclass 457 visa program


457 visa program – Integrity reforms – 14 September 2009

From 14 September 2009 major integrity-focused reforms to the Subclass 457 visa program came into force. These reforms include:

* a new Sponsorship Obligations regime
* a new system for the payment of salary to Subclass 457 visa holders
* a stronger sanctions regime, including civil penalties
* new arrangements for the payment of health costs for 457 visa holders.

The reforms are designed to enhance the integrity of the program and ensure the program continues to provide industry with the necessary skills while not undermining local training and employment opportunities.

Detailed information on the changes and how they affect both sponsors and visa holders can be found on the website.
See:
Employer Obligations
Employee Obligations
Subclass 457 – Sponsorship Obligations Frequently Asked Questions – Sponsors
Subclass 457 – Sponsorship Obligations Frequently Asked Questions – Visa Holders
Subclass 457 – Health Insurance Frequently Asked Questions – Sponsors
Subclass 457 – Health Insurance Frequently Asked Questions – Visa Holders
Subclass 457 – market salary rates

From 14 September 2009, all sponsors of Subclass 457 visa holders (457 sponsors) will be required to adhere to a new series of Sponsorship Obligations. For 457 sponsors, the obligation to ensure equivalent terms and conditions of employment will mean that they pay market salary rates to their overseas workers. For people who were already Subclass 457 visa holders on 14 September 2009, transitional arrangements will apply.

More information on market salary rates (including transitional arrangements) is available.
See:
Subclass 457 – Market Salary Rates
Subclass 457 – Market Rates Frequently Asked Questions – Sponsors
Subclass 457 – Market Rates Frequently Asked Questions – Visa Holders
Changes to English Language Proficiency

There are some changes to the English language proficiency requirements for Subclass 457 visa which came into effect on 14 September 2009.

All primary Subclass 457 visa applicants who are sponsored by a Standard Business Sponsor must demonstrate that they have English language proficiency that is equivalent to an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening. Prior to 14 September 2009, applicants required an average test score of at least 5 across the four test components.

Where the nominated occupation requires a higher level of English (equivalent to IELTS test score of more than 5 in each of the four test components) because it forms part of that occupation’s registration, licensing or membership requirement, the visa applicant must have at least the standard of English language proficiency required for the grant of that registration, licence or membership.

This requirement affects all new subclass 457 visa applications from 14 September 2009, as well as visa applications which were made before but not decided by 14 September 2009.
See:
Changes to the Subclass 457 Visa Program – English Language Requirements
Frequently Asked Questions About English Language Requirements
Subclass 457 visa holders affected by the economic downturn

Australia's temporary skilled migration program aims to fill skill shortages within the Australian economy that cannot be filled from the local labour market. More information is available on the department's website.
See: FAQ – Subclass 457 Visa Holders Affected by the Economic Downturn
Changes to the Subclass 457 Business (Long Stay) visa program

Important changes to the Subclass 457 Business (Long Stay) visa program came into effect on 1 July 2009. More information is available on the department's website.
See: Changes to the Subclass 457 Business (Long Stay) Visa Program – Information current at 1 July 2009
Changes to salary levels for the Employer Nomination Scheme (ENS)

Market salary rates do not apply to the Employer Nomination Scheme as they do to the Subclass 457 visa program. Employers must instead ensure the position pays a salary that satisfies the minimum salary specified for the occupation.
See: Gazette notice (866KB PDF file)
Subclass 457 – Business (Long Stay) sponsor attestation

On 1 April 2009, the Minster for Immigration and Citizenship, Senator Chris Evans announced a requirement for sponsors to attest in writing that they have a strong record of, or a demonstrated commitment to:

* employing local labour
and
* non-discriminatory employment practices.

This requirement came into effect on 27 June 2009.
See: Frequently Asked Questions – Attestation
Subclass 457 Integrity Review final report by Ms Barbara Deegan

On 14 November 2008 the Minister for Immigration and Citizenship Senator Chris Evans, released the report of the Visa Subclass 457 Integrity Review conducted by industrial relations expert Barbara Deegan.
See: Subclass 457 Integrity Review
Subclass 457 – External Reference Group

Following concerns raised in a number of industries (particularly in the construction, mining and tourism sectors) the Australian Government announced a package of measures designed to address skills and labour shortages within the Australian economy.
See: Subclass 457 – External Reference Group
Arrangements for the on-hire industry – Subclass 457 visa program

Labour agreement arrangements for the on-hire industry in Australia came into effect from 1 October 2007.
See: Labour agreement arrangements for the on-hire industry
Arrangements for the meat industry – Subclass 457 visa program

Labour agreements arrangements for the meat industry in Australia came into effect from 10 September 2007.
See: Labour agreement arrangements for the meat industry

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