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457 Program - Labour market testing & other updates

457 Program - Labour market testing & other updates

Old Jun 7th 2013, 7:44 am
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Default 457 Program - Labour market testing & other updates

Just a short note to say that the government has unveiled some of the planning for 457 processing from 1 July and it's significant that labour market testing is going to be reintroduced, which will either make it more expensive to get a 457 visa, or more difficult, or both.

Some of the details of the latest proposal are as follows:


Schedule 2 of the new Act – Labour Market Testing
Labour market testing is defined as: in relation to a nominated position, means testing of the Australian labour market to demonstrate whether a suitably qualified and experienced Australian citizen or Australian permanent resident is readily available to fill the position.
Labour market testing is required for the approval of a nomination if:

• the approved sponsor is in a standard business sponsor]; and
• the sponsor nominates an occupation for the purpose of 140GB(1)(b); and
• a particular position, associated with the nominated occupation, that is to be filled by a visa holder, or applicant or proposed applicant for a visa, identified in the nomination; and
• it is not inconsistent with any international trade obligations of Australia [these may be indentified in legislative instrument]
Labour market testing will be satisfied if:

• The Minister is satisfied that the approved sponsor has undertaken labour market testing within a period [to be in a legislative instrument]; and
• The nomination is accompanied by evidence of that testing, and
• The evidence consists of one or more of:
• Information about sponsor’s attempts to recruit suitably qualified and experienced Aust citizens or permanent residents to the position and any other similar position
- Advertising (paid or unpaid) commissioned or authorised by the sponsor
- Information about the sponsor’s participation in relevant job and career expositions
- Details of fees and other expenses paid (or payable) for any recruitment attempts
- Details of the results of recruitment attempts, including any position filled as a result
• Copies of, or references to, any research released in the previous 6 months relating to labour market trends generally and in relation to the nominated occupation;
• Expressions of support from Commonwealth, State and Territory government authorities with responsibility for employment matters;
• Any other type of evidence determined by the Minister in a legislative instrument.

Labour market testing exemptions
• Major disasters, natural or otherwise, where the Minister determines that it has such a significant impact on individuals that a government response is required, and, an exemption is required to assist disaster relief or recovery.
• If a relevant bachelor degree and or 5 years experience is required for the nominated position AND the nominated occupation is specified in a legislative instrument
• If a relevant associate degree, advanced diploma or diploma covered by AQF and or 3 or more years of relevant experience is required for the nominated occupation AND the nominated occupation is specified in a legislative instrument


Cheers,

George Lombard
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Old Jun 12th 2013, 6:33 am
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Default Re: 457 Program - Reintroduction of labour market testing

Having now seen the legislation for these changes, we have a little more detail:

OUTLINE

The Migration Amendment (Temporary Sponsored Visas) Bill 2013 amends the Migration Act 1958 (the Migration Act) to enhance the Government’s ability to deter sponsor behaviour which is inconsistent with the policy intent of the Temporary Sponsored Visa Program (of which Subclass 457 visas are a part). The Bill, together with proposed amendments to the Migration Regulations 1994 (the Migration Regulations), presents a comprehensive package of reform which would balance the interests of Australian workers with the need to strengthen protections for overseas workers.

In particular, the Bill amends the Migration Act to:

· reinforce the purpose of Division 3A of Part 2 of the Migration Act relating to sponsorship;

· require prescribed classes of sponsors to undertake labour market testing in relation to a nominated occupation, in a manner consistent with Australia’s international trade obligations;

· provide the evidence for labour market testing which is to accompany an application for a nomination;

· provide exemptions from labour market testing in circumstances where there has been a major disaster, or the skill level of the nominated occupation is equivalent to Skill level 1 or Skill Level 2 as provided for in the Australian and New Zealand Standard Classification of Occupations (ANZSCO);

· in relation to exemptions from labour market testing- provide for the Minister, by way of legislative instrument, to specify the occupations and for such legislative instruments to be subject to disallowance by either House of the Parliament;

· enshrine the kinds of sponsorship obligations for which the Minister must take reasonable steps to ensure are prescribed in the Migration Regulations;

· enhance the enforcement framework in relation to sponsorship to include enforceable undertakings between the Minister and an approved sponsor or former approved sponsor and the enforcement of those undertakings;

· empower Fair Work Inspectors to be Inspectors under the Migration Act;

· clarify that entry to premises under the Fair Work Act 2009 will enable a Fair Work Inspector to exercise powers under the Migration Act; and

· provide that an additional purpose for exercising inspector powers under the Migration Act is to determine whether a person who is or was an approved sponsor has contravened a civil penalty provision in or committed an offence against relevant provisions of the Migration Act relating to work (employer sanctions provisions).



The Bill also amends the Migration Regulations to prescribe:

· standard business sponsors as the class of sponsor which is required to undertake labour market testing in relation to a nominated occupation; and

· extend the period in which a Subclass 457 visa holder subject to visa condition 8107 can seek new sponsored employment from 28 consecutive days to 90 consecutive days.

The Bill also makes amendments to the Migration Act that are contingent on the commencement of Part 6 of the Regulatory Powers (Standard Provisions) Act 2013.

The Bill seeks to deal with sponsors who are behaving contrary to the intention of the Temporary Sponsored Work Visa program. Some employers are turning to overseas workers first, rather than investing in local training and recruitment. To address this, the Bill also seeks to ensure a balance between ensuring employment and training opportunities for Australian citizens and Australian permanent residents with that of upholding the rights of non-citizens to work in Australia under the Temporary Sponsored Work Visa program.


cheers,

George Lombard
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Old Jun 19th 2013, 11:22 pm
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Default Re: 457 Program - Reintroduction of labour market testing

Originally Posted by George Lombard
· extend the period in which a Subclass 457 visa holder subject to visa condition 8107 can seek new sponsored employment from 28 consecutive days to 90 consecutive days.
Hi George,

Would you be able to give me some information on this please? Is this applicable to the new approvals issued after 1st July 2013 or even for the old ones as well?

Cheers!
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Old Jun 19th 2013, 11:56 pm
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Default Re: 457 Program - Reintroduction of labour market testing

Hi Redtape,

It's a proposal in the legislation not yet introduced but scheduled for 1 July. If you have a 457 employment termination situation then you should be getting migration agent advice quickly, preferably before you leave the sponsored position.

Cheers,

George Lombard
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Old Jul 1st 2013, 5:35 am
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Default Re: 457 Program - Reintroduction of labour market testing

See here - http://www.immi.gov.au/skilled/changes-457-program.htm - for the updates to the Subclass 457 Program as from today, 1st July 2013

The purpose of the Temporary Work (Skilled) (subclass 457) visa program is to allow employers to fill short to medium term skill shortages by recruiting qualified workers from outside of Australia when they cannot find the same skilled workers locally.

Mid-way through 2012, the department identified that the subclass 457 program was growing at a record rate and that a significant component of this growth has been in industries and geographical regions that do not appear to be experiencing skills shortages. While most employers are using the subclass 457 appropriately, there is a concern that certain employers in some industries are sourcing their skilled labour needs outside of Australia without first checking the availability of labour locally. While not unlawful, these actions are not in line with the principles of the subclass 457 program.

A number of improvements to the subclass 457 program were introduced on 1 July 2013. These improvements help to ensure that the intent of the subclass 457 program respected by users of the program.

The reforms to the subclass 457 visa program improve the integrity of the program without adversely impacting on businesses who are using the program to fill genuine skill shortages.
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Old Oct 16th 2013, 12:22 pm
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Default Re: 457 Program - Labour market testing & other updates

Quite a bit on the Yahoo news website today in the UK.

http://uk.news.yahoo.com/laws-moving...l?vp=1#gNbd8ls
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