George Lombard

The following change will take place with effect from Tuesday.

The Minister has approved an instrument which will exclude heavy truck drivers (other than heavy truck drivers working primarily on mining or construction sites), furniture removalists, automobile drivers and delivery drivers from the list of eligible occupations at Schedule C - regional 457 occupations.

I know that there has been a lot of interest from "heavy truck drivers" in the 457 scheme and others, so fwiw the full definition with the other exclusions is below:

ALL OCCUPATIONS in Major Groups 1 to 7 of the Australian Standard Classification of Occupations (“ASCO Second Edition”), EXCLUDING:

 those occupations listed in Schedule D to this instrument;
 apprentice tradespersons and related workers;
 assistant and trainee positions;
 butchers, smallgoods makers, slaughterpersons and supervisors of meat tradespersons - except occupations coming within the definition of “retail butcher” or “specialty small goods maker” in Schedule A to this Instrument;
 occupations that are “not elsewhere classified” in ASCO Major Groups 5, 6 or 7;
 occupations that, for legislative reasons, can only be filled by an Australian citizen or permanent resident;
 occupations of religious workers for which there are separate specialised temporary entry visa subclasses;
 tour guides; and
 furniture removalists, delivery drivers, automobile drivers and heavy truck drivers, except heavy truck drivers working primarily on mining and construction sites as defined below.

Mining or Construction Site Heavy Truck Driver; meaning an activity primarily undertaken at mining or construction sites involving a significant majority of the following tasks:
• drives heavy trucks, requiring specially endorsed classes of license, to transport bulky goods and materials, directly related to the mining or construction industries;
• manoeuvres vehicles into position for loading or unloading;
• assists with or carries out loading or unloading operations, using various lifting or tipping devices;
• estimates weights to comply with load limitations, and ensures safe distribution of weight;
• ensures goods are stowed and securely covered, to prevent loss and damage;
• verifies loading documents, checks condition of goods and obtains certification of deliveries;
• checks destinations of goods and determines most appropriate routes;
• maintains logbooks detailing vehicle movements;
• carries out minor maintenance to vehicles, and arranges major maintenance and repairs;
• may transport dangerous goods, such as explosives or petroleum products.

The entry requirement for this occupation is an AQF Certificate II or higher qualification or at least 1 years relevant experience. Registration or licensing is required.


Cheers,

George Lombard

stumpysean

Hi, i'm a bit confused by this.........does this mean that my husband, who has his HGV in the UK could theoretically get a 457? or not? I read it and re-read it but couldn't quite make it out!

I am going out on a student visa to study Welfare work, I am a trained childcare worker and have been sending cv's off hoping to find a sponsor to no avail. But my husband has his HGV class 1 from the UK and would be interested in getting sponsored if it were possible.

Can you just reiterate what this means please!

Thanks

Becky

George Lombard

Hi Becky,

They've just made it clear that lorry drivers won't qualify unless sponsored in the mining or construction industries, and in a regional area. Not sure that you'd want to live in such a place.

Cheers,

George Lombard

Mumfords

hi
what dos this mean for my brother in law in Uk, he a furniture removal driver and as a sponser lined up???
Thanks Ann

Dawn-D

Hi George,

I'm really confused by this and also starting to panic!

Does this mean literally just truck drivers or any type of driver/operator. As the post says all occupations in major groups 1 to 7. My husband is an Excavator Operator in group 7 and we are very near the end of our application after being sponsored in a regional area of Queensland. Our xrays and kids meds were received today in Sydney.

Does this me our dream could be over?

George Lombard

Hi Everyone,

Sorry if it's bad news for some. Those with agents should be confirming if they're affected. Those who don't have agents will need to seek professional confirmation of what it means, but I would have thought that furniture removalists are clearly excluded and excavator operators aren't mentioned. This is the important bit in the list of exclusions:

"furniture removalists, delivery drivers, automobile drivers and heavy truck drivers, except heavy truck drivers working primarily on mining and construction sites as defined below."

Cheers,

George Lombard

Dawn-D

Hi George,

Thanks for coming back and making it a bit clearer for me. As hubby will be working in mining/construction/quarry and Excavator Operator is not mentioned directly (even though it's ASCO 7) I'm pinning my hopes on us being safe and shall wait and see what happens next week.

I'm sorry for any one it does affect

websters

My husband had a sponsor with a Freight company in perth area, looks like the dream ends here.

Dawn-D

Hi,

Are you with an agent? I'd check with them first, you never know! Also it may be a case that this would be effective from a certain date and anyone lodged before that date could be OK - I'm just guessing/hoping, someone may correct me on this!

I'm keeping my fingers crossed for you and wish you all the luck in the world.

websters

Thanks Dawn,

Yes we have an agent, just waiting to hear from them,
Im just off to work now, so gonna try and chill out a bit and hope for some good news.

Mumfords

yes get to work.......you be late

JenniGee

Absolutely keeping my fingers crossed for you both Dawn - you were really helpful to me when I was trying to get info together for my BIL. Hoping for a positive result for you. XXX

Dawn-D

Hi, thanks for your best wishes. Based on what George said I'm kind of thinking we'll be OK. But as I'm up so early I may go and give the agent a call in Oz to clarify it. Can't sleep, too much going around in my head!

I'll come back once I have any info

Dawn-D

I've spoken to my agent and have been told that even if Excavator Operator was part of the changes it would only take affect from the date the legislation was set ie 1st July 2008.

Anyone who lodged before that date would not be affected is the advice they gave me. Let's hope they are right.

TracyAnne

Hi George,

My husband has jus completed 2 years on a regional 457 as a truck driver and we have just put our application in to the RCB, then we will be submitting our RSMS application. Do you think these changes will effect us?

Thanks
Tracy