This GMS Flash Alert reports that the Australian government has introduced new immigration regulations to implement a number of clarifications to the 457 program, and to introduce greater transparency to work agreements.
The Australian government has introduced new immigration regulations to implement a number of clarifications to the 457 program, and to introduce greater transparency to work agreements.1 The changes are a response to the recent negotiations around the implementation of “ChAFTA,” the China-Australia Free Trade Agreement. The changes take effect from 1 December 2015.
The changes introduced by the new regulations generally codify and clarify policy, making it easier for the government to identify workers who do not comply with mandatory registration and licencing requirements.
Visa holders working in registered and licenced occupations, such as electricians, plumbers, or real estate agents, will need to continue to meet mandatory licencing obligations within strict timeframes, and must also notify the Department of Immigration and Border Protection if that licence or registration ceases.
The changes also clarify for employers that the market salary rates that must be paid in work-places operating under enterprise agreements are those defined in the enterprise agreement, not general market rates.
The Department of immigration and Border Protection has also announced changes to the processes for health checks required as part of visa applications.2 The new processes apply to applications lodged after 20 November 2015, or health checks undertaken after that date. Many temporary visas require health checks only where ‘special circumstances’ apply. These circumstances have been amended, so that (for example) a shorter stay may trigger health checks, and checks may no longer be triggered by the intention to be in a classroom situation. Where checks are triggered, however, they will generally be more comprehensive. Health check instructions appropriate to your circumstances will be available from your migration professional at the time of visa lodgement.
For further information or assistance, please contact your local GMS or People Services professional*, or one of the following professionals with the KPMG International member firm in Australia:
New South Wales and Australian Capital Territory
Michael Wall (Immigration)
Tel. +61 2 9335 8625
Victoria, South Australia, and Tasmania
John Unger (Immigration)
Tel. +61 3 9288 5725
Western Australia and Northern Territory
Ivan Hoe (Immigration)
Tel. +61 8 9263 7181
Stephen Abbott (Immigration)
Tel. +61 7 3233 9554
* Please note: KPMG LLP (U.S.) does not provide immigration services.
The information contained in this newsletter was submitted by the KPMG International member firm in Australia.
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