Australian 457 Laws Changed To Protect Local Jobs

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Australia Sponsored 457 Visa legislationNew laws to strengthen the 457 temporary visa system will ensure employers only use the scheme to fill genuine skill shortages, and look local first before hiring workers from overseas.

Minister for Immigration and Citizenship Brendan O’Connor said legislation that passed through Parliament today would protect local workers and ensure young people did not miss out on job opportunities.

‘In addition to the rorting we have seen of the 457 visa system, since this Bill has been before the Parliament we’ve seen even more examples, including rorting in the IT industry, exploited workers in the automotive industry and local workers being displaced by people on 457s,’ Mr O’Connor said.

‘The government supports the use of the 457 temporary employment scheme, where it is used to fill genuine skill shortages in the labour market, and these new laws will ensure it is only used in this manner consistent with Australia’s international trade obligations.

‘Most Australians would expect that employers look local first before hiring workers from overseas, and these legislative changes will ensure that occurs where it’s not already happening .’

Mr O’Connor said the Opposition’s refusal to support the 457 legislation in Parliament was akin to not supporting Australian jobs.

‘Tony Abbott has said himself that under a Coalition Government, ’457 visas won’t just be a component’, but ‘the mainstay of our immigration policy’, while the Opposition Spokesman for Immigration said a Coalition Government would ‘restore access and remove some of the blockages to 457s’.’

Mr O’Connor said the new laws require employers to look local first by undertaking labour market testing.

‘Market testing will be straightforward, requiring employers only to place a job advertisement and show evidence they have done so. Employers facing genuine skill shortages already take steps to ensure there are no locals available to fill these positions,’ Mr O’Connor said.

‘Labour market testing will also be extended to those cases where there was a redundancy or retrenchment and will have to be undertaken across all skill shortage areas and in other areas specified by the Minister.

‘By ensuring employers provide proof that they are all looking locally first, they will be placed on a level-playing field, ensuring that one employer is not getting an unfair advantage over another.’

The new 457 Visa laws will also:

  • Protect overseas visa holders from exploitation, guaranteeing the same pay and conditions as local workers, and extending their visas from 28 to 90 days, after their initial employment ceased. This will allow workers more time to get their families affairs into order if they’re moving home, or to look for another job.
  • Give greater powers to 300 Fair Work Ombudsman inspectors, to ensure employers are complying with the scheme and equal pay and conditions, and meeting other visa conditions.
  • Enshrine the role of The Ministerial Advisory Council on Skilled Migration – a tripartite body comprising unions, industry and government representatives – will provide advice to the Minister and provide oversight of the Government’s temporary work programs.

What does this all mean for those looking to migrate to Australia on the 457 Visa?

Basically, I think it’s a little too soon to tell.

Potentially, making the 457 approach a slightly harder option for employers may reduce the number of 457 Visa opportunities made available in the short term. We’ll be watching the impact on businesses and any potential fall out with interest.

Source : Press release

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