Applicants for the subclass 457 visa can be confident that their terms of recruitment will be handled equitably by business sponsors, as a result of the Federal Government’s recent legislation amendments.
Under the existing legislation, skilled migrant employees must be paid a rate comparable to local wages and employers must clearly define the skills and experience required for the position, however, the amendment introduced additional obligations for business sponsors to declare in writing that they will not engage in discriminatory recruitment practises on the grounds of immigration status or citizenship.
An additional amendment has also removed the requirement for English language testing in cases where it is already required for occupational licencing or registration, reducing unnecessary hurdles for 457 visa applicants. Both amendments are effective from 19 April 2016.
Compliance with business sponsorship obligations is monitored by FairWork Australia to ensure workers are working in their nominated occupation and paid rates equivalent to the market salary.
If an employer fails to comply with sponsorship obligations, penalties may include:
- Being barred from future sponsorship arrangements
- Cancellation of sponsor approvals
- Civil penalties up to AUD $51,000
- Infringement notices for each failure, attract penalties of up to AUD $10,200.
Interstaff International assists business sponsors with understanding their sponsorship obligations under the current legislation, including compliance with any legislative amendments.
Sources: Australian Government Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016, the Migration Institute of Australia and the Commonwealth of Australia