New laws to protect 457 visa holders

28 June 2013 — New laws to strengthen [the] 457 visa scheme will protect visa holders from exploitation, Minister for Immigration and Citizenship Brendan O’Connor said today.

Mr O’Connor said legislation that passed through Parliament today will ensure the 457 visa scheme is used the way it was intended and that people on 457s have the protection they need against unscrupulous employers.

“People on 457s will now have 90 days up from 28 days to secure an employer should their initial employment not work out,” Mr O’Connor said.

“There will be a guarantee on the pay and work conditions required on the 457 visa application to reduce exploitation of visa holders.

“And more than 300 Fair Work Ombudsman inspectors will be given new powers to check whether people on 457 visas are being paid the rate stipulated on their visa, and whether they are doing the job described.

Mr O’Connor said before hiring someone on a 457 visa, employers will be required to check there is no-one local who can do the job — whether they be a citizen or permanent resident.

“Australians, both permanent residents and migrants living in Australia should get the first opportunity to get jobs in Australia. That’s only fair and it’s what people would expect,” Mr O’Connor

“The Federal Labor Government is making changes to the 457 visa system to make it fairer for all.

“What is also fair is that temporary overseas workers must be treated the same and have the same conditions as Australian workers.

“We are serious about making sure employers do the right thing and increased enforcement will meant that breaches will be enforced.

“We are not targeting overseas workers, but shonky businesses that seek to exploit them.”

The new 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 additional time will allow workers more time to get their families affairs into order if they’re moving home, or to look for another job. 

? Require employers to look local first by undertaking labour market testing. 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.

? 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.

Under the leadership of the new Prime Minister Kevin Rudd, Tony Burke MP (pictured right) was sworn in as the new Minister for Immigration, Multicultural Affairs and Citizenship on 1 July 2013.

Updated: 2013-08-07 — 18:31:33