Restriction on Hiring Out Visa Holders
- Businesses proposing to hire out Visa 457 holders' services to unrelated businesses cannot be approved as Standard Business Sponsors.
- Standard Business Sponsors are prohibited from nominating activities that involve supplying workers to unrelated businesses.
Effectivity and Transitional Provisions
- Applications involving the hiring out of visa holders to unrelated businesses must have nominations approved before October 1, 2007, to be valid.
- New applications for nomination involving labor recruitment or supply to unrelated businesses generally will not be approved.
Employment Conditions for Sponsored Workers
- Approval possible only if the nominated activity involves direct employment within the sponsor's own business.
- The nominated position must not be under arrangements involving labor hire to other businesses.
Background and Concerns Prompting the Amendment
- Issues raised regarding workers' vulnerability under the Visa 457 scheme.
- Concerns over lack of awareness of workers' rights and fear of complaints leading to visa cancellation.
- Allegations that some employers shirk responsibilities toward migrant workers.
Human Rights and Government Response
- Human rights and church groups urged protections against exploitation and called for swift government action.
- Australian government assures that 457 visa workers have rights and protections equivalent to other Australian workers.
- Workers are free to complain about employment conditions without fear of visa cancellation.
Advisory to Filipino Migrant Workers
- Filipino workers entering Australia under Visa 457 are advised to seek assistance from the Philippine Embassy or Consulates if faced with employment problems.
Administrative Information
- The advisory was adopted on November 28, 2007, by Deputy Administrator Carmelita S. Dimzon.
- Directed at all concerned parties for information and compliance.