New worker protection laws will allow tax checks
© immi.gov.au
New laws to protect the rights of temporary overseas workers and ensure Australian wages and conditions are not undermined come into effect today.
A key provision in the new laws will enable the Australian Taxation Office (ATO) to disclose information to the Department of Immigration and Citizenship in order to ensure correct salary levels are being paid to visa holders.
In addition, information will be able to be shared with other enforcement bodies including the Fair Work Ombudsman and occupational health and safety agencies.
The new provisions for the disclosure of information will help ensure overseas workers are being paid the right salary levels and Australian wages and conditions are not being undermined.
In one such incident earlier this year, the Department of Immigration and Citizenship (DIAC) and the Fair Work Ombudsman were successful in recovering more than $8000 in back-pay owed to two overseas workers employed in the WA Goldfields on subclass 457 visas.
On another occasion in 2008, three Filipino nursing assistants on subclass 457s were underpaid by more than $15 000 by a healthcare recruiting agency. The company was subsequently fined $48 000.
The sharing of information among DIAC, the ATO, Fair Work Ombudsman and occupational health and safety agencies will act as an effective deterrent to rogue employers and ensure that instances of unfair or unsafe treatment of temporary skilled workers come to light quickly and are dealt with appropriately.
The laws will require that all new workers on subclass 457 visas must be paid market salary rates from today. Employers currently paying less than the market salary rate to existing Subclass 457 visa holders employed in Australia will have until 1 January 2010 to commence paying market rates.
The new laws will also enable specially trained officers with investigative powers to monitor workplaces and conduct site visits to determine whether employers are complying with the redefined sponsorship obligations. The powers will be similar to the powers of Fair Work inspectors under the Fair Work Act 2009.
Employers found in breach of the obligations in the Migration Regulations may be liable for $33,000 for a corporation and $6,600 for an individual for each failure. The department will retain the ability to cancel an employer's approval as a sponsor or bar them from making applications for approval as a sponsor for a period of time.
The government's package of subclass 457 reforms strengthens the integrity of the temporary skilled visa program by ensuring it is responsive to market rates, while protecting the employment opportunities for Australians and the rights of overseas workers.
Comment on this post
Lopicic Nebojsa
December 20, 2011 17:02:36
> Hi,
> My name is Nebojsa Lopicic.I am 39 years old.I am Montenegro citizen-ex Yugoslavia.I am electrician .I would like to work and live in Australia in the next few months.I am interested to come on 457 visa because I think it is minimum proccessing time.I will accept job in any field,trade,mining,construction,....I have great experience in electrical field with bouth low and high electricity.I worked almost 8 years as a Operator of electrical controls in transformation station in Elektroprenos ,Podgorica company..I worked in past 15 years ,complete electrical installations in homes and other buildings (that I worked as a second job) .I also have experience in woodworking,painting,art and crafts and much more .My wife have cousins on Gold Coast and they willing to help us a lot.I wont to point that we are very nice happy family who wish better life and excellent education for our children-they are twins 16 years old.I am currently in USA with my wife in visit to her cousins here in USA.We have chance to change our status here but we just LOVE Australia.Our chldren are now in our home country and because all this situation I need excellent service and professional help to assist me to make my dream ----to live with my family.I need to say that my wife have experience in sale,manufacturing and tourism.She is General menager in company which making sovenirs and crafts and sell it during summer becouse our homecountry is coastal country.She also have mark 6 on IELTS academic test and I will try to get 5 on IELTS general next february(I hope that I will make it).If you think that you can help us you can contact me by e-meil.
>
> Best regards,
> Neno Lopicic
Estera
January 02, 2011 00:29:42
Hi, i have been working in a company for nearly 2 years now on a 457 visa, and i would like to know if i can make an exemption through my company (without doing the ielts exams).
I`ve sat the test 1.5 year ago with a total score of 5.
Regards
Essti
Dinesh
December 04, 2010 09:34:36
Hi, i have been working in a company for nearly 2 years now on a 457 visa, and i would like to know if i can make an exemption through my company (without doing the ielts exams), please.
Cheers.
olivierlamoureux
September 28, 2010 20:49:29
Hi, I\"ve been working as painter and decorator in perth ,about two years on a 457 visa . I\"ve been released on the 17 september because the company run out of job . I was wondering if i can have another options please. Thanks
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