Construction works at Roe Highway / Great Eastern Highway, Midland WA // TFA Photo

Skilled migration forums across Western Australia will be staged to provide employers with information on the skilled migration programs available to address their labour needs, a Department of Immigration and Citizenship media release announced.

The forums will be conducted by the WA Department of Training and Workforce Development.

At the forums, employers can get an overview of workforce planning by DTWD to address future skill needs in the state including sponsorship of overseas workers through the 457 visa program, permanent skilled migration options, employing overseas workers, and sourcing semi-skilled overseas workers through labour agreements and regional migration agreements.

The DIAC release also said that “the Australian Government announced as part of the Budget an increase in the skilled migration program and a range of new initiatives to help meet demand for skilled migrants.”

“The skill stream has increased by 12,000 places on 2010-11 program planning levels, to 125,850 places and policy initiatives are being implemented to assist Australian employers, businesses and regional areas to better address their skill needs.”

Skilled migration is a key strategy that WA has adopted to meet the state’s critical levels of skill shortages.

Filipino professionals are some of the beneficiaries of the demand for skilled workers. In early 2010, about 10,000 Filipinos were reported to be staying in Australia under the 457 visa scheme.

The Philippines occupies third place after UK and India in Australia’s 457 visa workforce.

The ABS reported the number of people employed increased by 19,600 people to 10.988 million, seasonally adjusted, in March.

The rise in employment was driven by a rise in full-time employment, up 30,100 people to 7.691 million that was offset by a fall in part-time employment, down 10,600 people to 3.297 million. This was the seventh consecutive month Australia has seen a rise in the number of people employed full-time.

The number of people unemployed increased in March, up 4,200 people to 619,100, the ABS reported.

The ABS seasonally adjusted monthly aggregate hours worked series showed a fall in March, down 10.0 million hours to 1,541.2 million hours.

The ABS reported the participation rate in March was 65.1 per cent.

The number of people employed in November increased by 31,200 (0.3%) to 10.868 million, seasonally adjusted, the ABS reported. The rise in employment was driven by a rise in full-time employment, up 30,800 to 7.627 million.

The ABS reported the seasonally adjusted number of people unemployed decreased by 13,300 in November, standing at 653,100.

The ABS seasonally adjusted monthly aggregate hours worked series showed a rise in November, up 13.4 million hours (0.9%) to 1,536.3 million hours.

The ABS participation rate in November was 65.2 per cent, seasonally adjusted.

The ABS seasonally adjusted labour force underutilisation rate was 13.5 per cent in November, down 0.1 per cent from August.

Source: ABS

Department of Immigration & Citizenship April 2009 Report

Senator Evans said that the number of visa applications for subclass 457 visas lodged in April 2009 was the lowest rate in four years.

The number of temporary skilled migration visas granted in April 2009 was almost 23 per cent lower than in March and 64 per cent lower than in September last year, when the global financial crisis hit.

Although the number of workers coming to Australia under the sub-class 457 visa program has reduced significantly, Senator Evans said however that “there will continue to be demand for skills in some sectors, such as healthcare, so there will be a need for employers to access skilled overseas workers.”

Based on the latest DIAC statistics, primary applications lodged in 2008-09 year to 30 April 2009 totalled 48,090 as against 49,360 of comparable period in previous year.

During the same current period to 30 April 2009, 43,580 visa applications were granted.

The top three citizenship countries for primary applications granted were United Kingdom (9,770), India (6,320) and Philippines (4,070).

By occupation, primary applications granted to professionals were highest (25,550) followed by tradespersons and related workers (6,680), associate professionals (5,890) and managers and administrators (4,030).

New South Wales was the top destination of temporary visa holders with 13,240 primary applications granted in year to 30 April 2009, followed by Western Australia (9,370), Victoria (9,160) and Queensland (7,970).

By nominated position location, 37,970 were employed in non-government sector and 5,610 or 12 percent were employed in government sector.

As at 30 April 2009, the Philippines ranked number 2 in terms of citizenship countries for primary visa holders currently in Australia.

There were 8,820 Filipino workers in Australia holding temporary visas compared to 18,700 UK citizens who were in Australia also on a temporary workers visa. Coming very close to the Philippines was India with 8,440 nationals.

Filipino workers group in Perth, WA, 2007 / Photo: Anibeth Desierto

A DIAC spokesperson said increasing the existing language requirement from International English Language Testing System (IELTS) 4.5 to IELTS 5 would align the subclass 457 English standard with permanent sponsored visas for trades occupations.

The increased IELTS score is part of the changes to Subclass 457 visa program announced by DIAC last 1 April.

“The requirement to ensure at least a ‘modest’ level of English – as defined under IELTS standards – is the first to be implemented after the Minister for Immigration and Citizenship announced a number of changes to the program,” the spokesperson said.

In its announcement, DIAC clarified that the revised English requirements apply to current 457 visa holders only where a subsequent application is made for a 457 visa seeking a visa stay period extending beyond the period of their current visa.

An English language requirement for subclass 457 visa applicants has been in effect since 1 July 2007.

Other changes announced last 1 April included the indexation of the subclass 457 visa minimum salary level by 4.1 per cent from July 1, the progressive implementation of skills assessment from that date, the transition to market-based pay from mid-September 2009, and the provision for greater requirements on employers to demonstrate a strong record of, or commitment to, employing local labour and non-discriminatory employment practices.

The spokesperson said that these measures are intended to ensure the subclass 457 visa program continues to provide industry with needed skills while not undermining local training and employment opportunities. #

City of Sydney - From photo clips of The Filipino Australian

The measures include government responses to recommendations from the Deegan Review into the integrity of the 457 visa program.

Last year, AIRC Commissioner Barbara Deegan was appointed by the government to review the integrity of the 457 visa program. The review addressed widespread concerns of exploitations and abuses in the skilled visa program.

The seven measures are:

1. The indexation of the minimum salary level (MSL) for all new and existing 457 visa holders by 4.1% on 1 July 2009.

2. The implementation of a market based minimum salary for all new and existing 457 visa holders from mid September 2009.

3. Increasing the existing minimum language requirement from 4.5 IELTS to 5 IELTS for 457 visa applicants in trade occupations and chefs.

4. Progressively introducing formal skills assessment from 1 July 2009 for 457 visa applicants from high risk immigration countries in trade occupations and chefs.

5. Introducing a requirement that employers seeking access to the 457 visa program have a strong record of employing local labour and non-discriminatory employment practices.

6. The development of training benchmarks to clarify the existing requirement on employers to demonstrate a commitment to training local labour.

7. The extension of the labour agreement pathway to all ASCO 5 – 7 occupations, to ensure that employers using the 457 visa program to access these occupations satisfy obligations on local training and employment.

The slowdown in the Australian economy in the wake of the global financial crisis and the subsequent decline in demand for 457 visas have not diminished the need to implement these measures to restore public confidence in the program, the government said. #

“Checking work entitlements make good business sense,” a DIAC spokesperson said. “The last thing a business owner wants is to lose a worker because they do not have a valid visa to work in Australia.”

DIAC said that employers in the retail and hospitality industries are among those at the highest risks of hiring illegal workers.

Employers convicted of these offences could face fines up to $13,200 and two years’ imprisonment per illegal worker hired. Companies face fines up to $66,000 per illegal worker.

DIAC has an internet-based Visa Entitlement Verification Online (VEVO) facility where employers can check work entitlements.

The Migration Legislation Amendment (Worker Protection) Bill 2008 was introduced after extensive consultation with industry and unions to strengthen the integrity of temporary working visa arrangements including the subclass 457 visa program.

The subclass 457 visa program is an uncapped scheme driven by labour market demand which enables employers to sponsor overseas workers to fill nominated skilled positions in Australia for up to four years.

Almost 60 000 primary visas were granted to overseas workers in 2007-08 and while the vast majority of employers did the right thing, there have been concerns about the incidence of employer breaches in the program.

A total of 192 sponsors were formally sanctioned and a further 1353 employers were formally warned in 2007-08. This compares with 95 sanctions and 313 formal warnings issued in 2006-07.

The new laws will 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 workplace inspectors under the Workplace Relations Act 1996.

Employers found in breach of the obligations in the Migration Regulations could be fined up to $33 000 and the department will retain the ability to cancel an employer’s approval as a sponsor or bar them from making further applications for overseas workers.

The new laws will also enable the Commissioner of Taxation to disclose tax information to the Department of Immigration and Citizenship in order to ensure correct salary levels are being paid to visa holders.

The Government is consulting the Skilled Migration Consultative Panel, which comprises business and industry groups, state governments and unions, over the development of regulations setting out the obligations of employers of temporary overseas workers.

The recommendations of the recently released Deegan report into the integrity of the subclass 457 visa program will inform development of the employers’ sponsorship obligations.

Source: Minister for Immigration and Citizenship

The delegation, headed by Labor Undersecretary Rosalinda Baldoz, former administrator of the Philippine Overseas Employment Administration (POEA), will comprise representatives from the Overseas Workers Welfare Administration (OWWA), the Technical Education and Skills Development Authority (TESDA), and DOLE officials for international labor affairs and labor studies.

They will visit Adelaide, Perth, Sydney and Cairns.

POEA is the Philippines’ peak agency that regulates the hiring of Filipinos for overseas employment. OWWA provides programs that look after the welfare of expatriate Filipino workers. TESDA sets standards and provides the official certifications for technical skills.

The demand for certain categories of Filipino skilled workers prompted the Philippine Department of Labor to study a systematic and streamlined procedure for providing temporary stay workers for the Australian market, as well as to set into place the programs and services that will look after their welfare. #

The Migration Legislation Amendment (Worker Protection) Bill 2008 will strengthen the integrity of temporary working visa arrangements including the Subclass 457 visa program which in 2007-08 saw almost 60 000 visas granted to overseas workers.

‘Over the last five years Australian employers have increasingly turned to the temporary skilled migration program to bring in the skilled workers they need,’ Senator Evans said.

‘The resources boom, low levels of unemployment, and the failure of the previous government to invest in the education and training of our own people, have contributed to endemic skills shortages across the country.

‘The temporary working visa scheme is only sustainable if the community is confident that overseas workers are not being exploited or used to undermine local wages and conditions.’

The amendments proposed in the Bill outline four main measures to protect overseas workers from exploitation. These measures provide for:

The new laws will 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 workplace inspectors under the Workplace Relations Act 1996.

Fines of up to $33 000 are proposed for employers found in breach of the obligations in the Migration Regulations. 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 Bill proposes amendments which will allow the Commissioner of Taxation to disclose tax information of visa holders, former visa holders, approved sponsors, or former approved sponsors to the Department of Immigration and Citizenship in order ensure correct salary levels are being paid to visa holders.

‘The existing provisions for the disclosure of information have proved insufficient and ineffective in ensuring that overseas workers are being paid minimum salary levels and Australian wages and conditions are not undermined,’ Senator Evans said.

The Bill provides for Regulations to clearly set out the sponsor obligations that employers must satisfy when employing a temporary overseas worker.

The prescribed obligations will clearly set out the period of time in which an obligation must be satisfied, and the manner in which the obligation is to be satisfied. The obligations will for the first time be imposed by operation of law.

The obligations to be specified in the Regulations will be the subject of consultation with stakeholders and finalised in the coming months.

The Worker Protection Bill complements action that the Rudd Government has already taken to boost the integrity of the 457 visa program.

The 2008-09 Budget allocated $19.6 million to improve the processing and compliance of the temporary skilled migration program.

The Minimum Salary Levels for temporary skilled overseas workers were increased by 3.8 per cent last month after they had been frozen for over two years.

In April this year, industrial relations commissioner Barbara Deegan was appointed to conduct a broad review into the integrity of the temporary skilled migration program. Ms Deegan has released two discussion papers, and will report next month after the release of her third and final paper.

Ms Deegan’s recommendations will inform the development of longer term reforms to the 457 visa program that will be brought forward in the 2009 Budget.

Senator Evans reiterated the Rudd Government’s commitment to ensuring the Subclass 457 visa scheme operates as effectively as possible in contributing to the supply of skilled labour while protecting the employment and training opportunities of Australians, and the rights of overseas workers. #