457 Visas In The News For The Wrong Reasons
A pilot sponge farm for Torres Strait community?
July 18, 2007Why Not “Clean Green Print” Your Next Print Run?
July 20, 2007When we last wrote about 457 Visas in March, we would never have predicted they would hit the news like they have in the past couple of weeks.
Previously we looked at a few companies who abused the scheme by underpaying workers and keeping them in squalid boarding houses and also wondered if the Visa 457 programs could undermine Australian rates and conditions.
But now with Gold Coast Hospital’s Dr Mohamed Haneef in jail awaiting trial for his alleged connections to London bombers, many new questions are being asked of the Visa 457 scheme.
Workplace Relations Minister, Joe Hockey told the Australian we shouldn’t over-react to the latest controversy and said the Visa 457 scheme is working well despite recent events:
“I don’t think that we want to be in a position where, because of one or two bad eggs, the entire program was thrown out and we’ve got no nurses and doctors and essential service providers in a whole range of industries across Australia.”
In other recent developments on the 457 Visa program…
Three Visa 457 guest workers died on the workplace in separate incidents in the month of June. CFMEU boss, John Sutton blames the Visa 457 program for the deaths, telling The Herald Sun:
“This notorious 457 program is out of control. How many more workers must die before the scheme is properly regulated?”
“Safety standards for many of these workers are clearly appalling and the government has a responsibility to take tough action to ensure that more lives are not lost.”
Also from 1 July 2007, employers must ensure that any workers operating under 457 visas can prove they have English language skills equivalent to an average band score of 4.5 in an International English Language Testing System (IELTS) test.
In every case, sponsors must ensure that overseas workers they employ have sufficient English language skills to complete the tasks of the occupation and to meet their obligations under occupational health and safety and workplace relations laws.
Applicants will be exempt from these new requirements if:
- Their first language is English and they are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America;
- Or their nominated occupation is within the highly skilled major groups 1-3 of the Australian Standard Classification of Occupations (ASCO), comprising managers, administrators, professionals and associate professionals;
- Or they have completed at least five years of continuous full time secondary and/or tertiary education at an institution where at least 80 percent of instruction was conducted in English or they are to be paid at least a salary specified in a legislative instrument (initially a gross base salary of $75 000 excluding all allowances and deductions).
2 Comments
As at 1 November 2006, the legislation was amended and the following changes made;
* Applicants MUST go onto the payroll of the Australian company they are working for.
* Applicants MUST be paid a minimum salary of approx. $56,000.
* If potential employers abuse the scheme, punishment is levelled at CEO and Board level and now comes under the Criminal Act i.e. if someone at say, Westpac employs a person on the wrong visa or does not pay them what they should, the Board and CEO of Wespac are liable – not the lackey in HR who made the arrangements.
There were other changes which were not relevant to my job at the time which were also pertinent.
It is true, Australian employers have abused what is a fairly good system but there will always be those who slip through the net.
Does the minimum salary include super or not