457 Visa Law: Addressing Aust Skilled Labour Shortage

The shortage of skilled labour has significant long-term ramifications for Australia’s prosperity,  creating substantial business challenges in recruiting, maintaining and retaining a skilled and sustainable workforce to meet Australia’s ongoing needs.

The 457 Visa is an important tool that businesses can use to address this shortage. It enables Australian businesses to sponsor skilled overseas workers to fill positions on a temporary basis, but it comes with a series of sponsorship, monitoring and compliance obligations which must be satisfied.

457 Visa Law: Addressing Australia’s Skilled Labour Shortage provides unique assistance for those businesses which choose this commercial solution to their labour needs. Written to the law as at July 2008 and foreshadowing the changes that followed shortly thereafter, it continues to have value as a unique reference synthesizing the key requirements set out in legislation, policy and case law.

457 Visa Law: Addressing Australia’s Skilled Labour Shortage is a resource of ongoing usefulness for professionals advising Australian businesses, particularly lawyers in areas of expertise such as commercial law, workplace and immigration practice; HR managers; recruiters; and migration agents.

Maria Jockel is an Accredited Immigration Law Specialist who heads the Russell Kennedy Immigration Law Group. Maria regularly authors papers and presents seminars on a broad range of immigration law matters with particular focus on corporate immigration. Maria has advised on government policy matters at both State and Federal levels. Maria brings to this work her pre-eminent technical expertise and extensive experience in all aspects of 457 Visa law and related matters.

From:  Law Institute Journal May 2009
Reviewed by Cahal Fairfield, Barrister

This very readable book provides a useful, general overview of migration law in Australia. However, as its title suggests, its main purpose is to examine the operation of the s457 visa regime in Australia. In this respect, it successfully combines a summary of the legislative requirements and case law with an examination of the relevant government policy. It also acts as a reference source by identifying, among other things, internet websites where relevant information may be obtained. As a result, the book is both informative and highly practical.

The book claims to be as accurate as possible as at 1 July 2008 and includes a chapter on the legislative amendments introduced by the Migration Amendment (Employer Sanctions) Act 2007 (Cth). However, this area of the law is, and probably will continue to be, subject to legislative change, particularly as the government-set up Visa Subclass 457 Integrity Review has resulted in a final report, dated October 2008, which makes numerous recommendations.

The book therefore does not refer to the recent and significant Migration Legislation Amendment (Worker Protection) Act 2008 (Cth) which in large part appears to enact the previous Liberal government’s lapsed Migration Amendment (Sponsorship Obligations) Bill 2007. This important legislation, apparently not yet in operation, will confirm the undertakings to be given by sponsors, but more significantly will introduce civil penalties for breaches of undertakings as well as introducing significant powers of inspection.

Importantly for Victoria, the book does include a section on the Victorian Workers’ Wages Protection Act 2007 (Vic). It remains to be seen whether any conflict arises between the provisions of this state legislation relating to what may be deducted by employers from wages with the consent of the employee and the requirements in the federal migration legislation that the sponsor must not pay less than the prescribed minimum salary level to the visa holder and that only certain prescribed matters may be deducted from that salary.

This very practical text will be a useful addition to the libraries of migration agents and lawyers as well as those of employer and employee organisations that may be required to advise sponsors and visa holders as to their respective rights and obligations.

 

General Downloads

• 457 Visa Law Table of Contents [PDF 65140]

Product Reviews

• Book Review: LIJ May 09 [PDF 126610]