As of December 1, 2015, various amendments which aim to clarify and strengthen the existing policies of the Subclass 457 visa category will come into effect. Subclass 457 visa holders and business sponsors will be affected by these amendments. The Australian Government implemented these amendments to reinforce the priority of Australians over foreign nationals in the labour market.

The Migration Amendment contains the following provisions:

  • “Provide that the terms and conditions of employment to be given to a Subclass 457 visa holder employed by a “standard business sponsor”  are to be equal to those in an enterprise agreement under the Fair Work Act 2009, if the employer also employs Australian citizens or permanent residents under an enterprise agreement;
  • Provide that the Commonwealth cannot enter into a work agreement in relation to the employment of Subclass 457 visa holders unless the other party to the work agreement has made recent and genuine efforts to recruit Australian citizens or permanent residents to meet the requirement for employees;
  • Provide exemptions from labour market testing for proposed workplace agreements relating to the recruitment of for Ministers of Religion and Religious Assistants;
  • Require the Minister for Immigration and Border Protection to publish policy guidelines concerning work agreements and project agreements on the Departmental website; and
  • Amend visa condition 8107 to clarify the obligations of Subclass 457 visa holders to obtain and hold mandatory licenses or registration for performance of their occupation, and commence work within 90 days from arrival in Australia or visa grant.”

The entire text of the Migration Amendment can be found here.

Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.