With the recent changes in the 457visas temporary skilled work visa, new policies are being launched as per the recruitment policies. The Department of Immigration and Border Protection have released a new policy relating to several minor changes that sponsors should follow.
The following issues are highlighted as follows:
Store Manager Positions
The DIBP has advised all sponsors should not seek to fill the store manager position with overseas workers as it is not on the Consolidated Sponsored Occupations List (CSOL), by substituting the occupation with other substitute designations:
• Customer Service Manager
• Sales and Market Manager
• Specialist Manager
Though in circumstances that cannot be excluded where a business is seeking to set up a series of new stores/outlets in Australia for the first time but in the order the person coming from overseas must have proper knowledge of the business he is to setup and a specialist manager may be considered.
A subsequent request may be considered under a company labour agreement if the business is in genuine need of such position.
Exemptions may apply to the mandatory skill assessment requirement for the nominated occupations.
This exemption may be considered under the following circumstances:
• In the case of a repeat 457visas application, where the applicant must provide a skill assessment for the first application, for the same occupation.
• Where the applicant is nominated as an intra-company transfer and has been employed in the same or similar occupation for the overseas business entity.
• When the visa applicant is being paid at a salary level set at $180,000 or above.
• Or if the sponsor has a sponsorship accredited status.
Changes that apply to the salary and hours
• The 457visa would be provided to a full-time holder
• Under limited circumstances may be permitted, provided he or she is being paid at the at a market salary rate.
• A 457visa holder’s salary should not be decreased.
As of 2nd of March, the Minister of Immigration and Border Protection ceased the fast food industry labour agreements.
Only under demonstrative exceptional circumstances, it may be possible to negotiate a Company Specific Labor Agreement.
Such agreements may only be excepted on the basis of a very strong evidence submission, which would be as follows:
• Clear evidence must be provided, in relation to a particular venue or location that is in significant need of the post to be filled and why such recruitment activities have failed for the post.
• Or if the business has proved that it has reduced its dependence on the overseas workers.
DIBP Processing Time
The following implementation is:
• Allocation for the initial assessment has been reduced to 50 to 30 days
• If in cases that further information is needed the following case may not be looked up for up to 60 days
• As the previous median processing time for sponsorship applications was 57 days
• Median processing time for designation applications was at 46 days to 49 days.
Sponsors who are found to be in breach of the terms and conditions set by the DIBP would face possible sanctions and civil penalties. And 457 holders found within the breach of the laws, risk cancellation and may be required to leave Australia immediately.
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