On-hire Standard Labour Agreement Australia

Attachment A ON-HIRE INDUSTRY

LABOUR DEED OF AGREEMENT FOR ENTRY OF SKILLED OVERSEAS WORKERS

[NAME OF ON-HIRE COMPANY] PTY LTD

PREAMBLE

This Deed of Agreement (the “Agreement”) reflects arrangements to enable the temporary entry of Skilled Overseas Workers where the Company has demonstrated to the Commonwealth that sufficient numbers of Australian workers with the required skills for occupations under ASCO Major Groups 1, 2, 3 or 4 as specified in the Legislative Instrument by the Commonwealth for the Subclass 457 visa programme are not readily available for employment in the On-hire industry. It also reflects the Commonwealth’s intention to work with the On-hire industry to ensure that its access to Skilled Overseas Workers remains demonstrably in Australia’s best interests.

1.

PARTIES

This Agreement is between:

The Commonwealth of Australia (the “Commonwealth”); and

[Name of the On-hire Company] Pty Ltd (ABN xxx xxx xxx) of xxx xxx, in the State of XXX (the “Company”).

2.

TERM OF OPERATION

Unless terminated earlier, or extended in accordance with this agreement, this Agreement will operate for a period of three years from the date the Commonwealth signs the Agreement (the “Term of Operation”).

3.

PURPOSE

This Agreement provides for the recruitment and temporary entry and stay in Australia of Skilled Overseas Workers while aiming to: (i)

protect jobs of Australian workers;

(ii)

secure flow-on economic benefits to Australia; and

(iii) ensure that overseas workers are treated fairly and reasonably.

4.

INTERPRETATION

In this Agreement, unless the contrary intention appears:

“Agreement” means this [Name of On-hire Company] Labour Deed of Agreement, any Schedules and any document expressly incorporated.

“AQF” means Australian Qualifications Framework.

“ASCO” means the Australian Standard Classification of Occupations Second Edition.

“Australian”, where to context so admits, means an Australian citizen (whether born in Australia or elsewhere) or a non-citizen who, being usually resident in Australia, is the holder of a permanent visa granted under the Migration Act 1958.

“Australian Apprentices” includes apprentices who have signed a training contract (under the Commonwealth’s Apprenticeship Scheme) which is registered with the relevant State or Territory Government authority.

“Client Organisation” means a client of the Company, other than a Related Business of the Company, to whom a Skilled Overseas Worker has been on-hired to perform certain specified duties for a specified period in return for a fee payable by the Client Organisation.

“Commonwealth” means the Commonwealth of Australia represented by DEWR and DIAC or such other government agency(ies) or department(s) may from time to time, administer this Agreement on behalf of the Commonwealth.

“Company” means a company authorised in accordance with Clause 6 of this agreement, and where the context so admits, includes the officers, employees, volunteers, bailees, agents and authorised sub-contractors of the Company.

“DEWR” means the Department of Employment and Workplace Relations, or such other government agency or department as may, from time to time, administer this Agreement on behalf of the Commonwealth.

“DIAC” means the Department of Immigration and Citizenship, or such other government agency or department as may, from time to time, administer this Agreement on behalf of the Commonwealth.

“Former Sanctioned Sponsor” means a person who: (i)

was ever the subject of a bar imposed pursuant to Section 140L of the Migration Act 1958 in relation to Subclass 457 visas; or

(ii)

was ever the subject of cancellation action under section 137B of the same Act.

“Industrial Instrument” means an instrument made under or given effect by or recognised under a law of the Commonwealth or the State or Territory that regulates workplace relations and prescribes terms and conditions of employment between employers and employees including, but not limited to, an award or agreement made under or given effect by or recognised under the Workplace Relations Act 1996 or a State or Territory law that regulates the relationship between employers and employees.

“Job Network” is a national network of private and community organisations which, under contract to DEWR, provide assistance to Australian job seekers based on issues such as personal circumstances, barriers to employment, level of disadvantage, duration of unemployment and available job opportunities.

“Legislative Instrument” means a notice in the Commonwealth of Australia Gazette or relevant instrument in writing.

“Letter of Appointment” means a letter provided by the Company to the Skilled Overseas Worker specifying the Skilled Overseas Worker’s terms and conditions of employment.

“Migration Legislation” means the Migration Act 1958 and the Migration Regulations 1994, as in force from time to time.

“Minimum Salary Level (MSL)” has the same meaning as in the Legislative Instrument made from time to time under regulation 1.20B of the Migration Regulations 1994. The MSL start date is: (i)

if the Skilled Overseas Worker is not in Australia when the visa is granted, the day on which the Skilled Overseas Worker starts working for the Company, or the day that is 28 days after the day on which the person enters Australia, whichever is the earlier; or

(ii)

if the Skilled Overseas Worker is in Australia when the visa is granted, the day on which the Skilled Overseas Worker starts working for the Company, or the day that is 28 days after the day on which the visa is granted, whichever is the earlier.

“Migration Occupations in Demand List (MODL)” means those occupations and specialisations identified in the relevant Legislative Instrument and which have been assessed by DEWR as being in national demand and with good job prospects.

“Nominate”, “Nominated” or “Nomination” means a nomination under Migration Regulations 1994 1.20G or 1.20GA by the Company of a Primary Visa Applicant for a Subclass 457 Business (Long Stay) visa.

“Notify” “Notified” or “Notification” means to give notice, make a request or other communication in accordance with Clause 9.

“OH&S” means occupational health and safety.

“On-hire” means a Company’s business activities which include activities relating to either or both of: (i)

the recruitment of labour for supply to other Unrelated Businesses (Client Organisations); and

(ii)

the hiring of labour to other Unrelated Businesses (Client Organisations).

“Overseas Temporary Worker” means a non-Australian person who is resident in Australia on a temporary visa with a work right – this may include, without limitation, Subclass 457 Business (Long Stay) visa holders, Occupational Trainee (subclass 442) visa holders, Working Holiday

Maker

(subclass

417)

visa

holders

and

Student

(Subclass

570,571,572,573,574,575,576) visa holders.

“Primary Visa Applicant” or “Primary Visa Holder” means person Nominated under this Agreement as a Skilled Overseas Worker in his or her capacity as a visa applicant or visa holder respectively.

“Recent Australian Graduates” includes Australians who completed higher education (university) courses in the last 12 months;

“Related Business” means a business or owned and operated by an entity which is related to the Company within the meaning of the Corporations Act 2001.

“Report” means information provided by the Company to the Commonwealth to demonstrate the Company’s compliance with its obligations under this Agreement and in a format determined to be fit for purpose by the Commonwealth.

“Sanctioned Sponsor” means a person who is the subject of a bar imposed pursuant to Section 140L of the Migration Act 1958 in relation to Subclass 457 visas.

“Scholarship” means financial contribution by the Company to a scholarship, bursary or award administered by an organisation which is acceptable to the Commonwealth and which is targeted at Australian citizens or Australian permanent residents completing courses appropriate to employment in MODL occupations.

“Secondary Visa Applicant” or “Secondary Visa Holder” means the member of the family unit or interdependent partner or dependent child of the interdependent partner, as defined in the Migration Legislation, of the Primary Visa Applicant or Primary Visa Holder.

“Skilled Overseas Worker” has the definition specified in Schedule A of this Agreement.

“Standard Business Sponsor” has the definition specified in regulation 1.20B of the Migration Regulations 1994.

“Structured Training” means all training activities which have a specified content or predetermined plan designed to develop employment related skills and competencies. It includes, without limitation, instruction or a combination of instruction and monitored and assessed practical work such as: workshops, lectures, tutorials and seminars; computerassisted training; training by correspondence and monitored self-paced training.

“Training Expenditure” means all expenditure by the Company for its workforce on Structured Training (excluding wages and salaries of the persons receiving training) including that provided by registered training organisations and Scholarships as defined for the purposes of this Agreement (Refer to Clauses 4 and 7.83(iii)). “Unrelated Business” means a business other than a Related Business.

“Workforce” means all permanent and contract workers with the Company including Australian citizens and Australian permanent residents and Overseas Temporary Workers.

5.

ADMINISTRATION OF THIS AGREEMENT

5.1

This Agreement will be administered for the Commonwealth by DIAC and DEWR.

5.2

For DIAC, the Labour Agreement Section of the DIAC National Office will administer this Agreement. (Refer to Clause 16)

5.3

For DEWR, the Migration Policy and Analysis Section of the DEWR National Office will administer this Agreement. (Refer to Clause 16)

5.4

[Insert location(s) of DIAC office(s) agreed with the Company] will process all Nominations and associated temporary visa applications. (Refer to Clause 7.41)

5.5

In this Agreement, unless the contrary intention appears: (i)

words importing a gender include any other gender;

(ii)

words in the singular include the plural and words in the plural include the singular;

(iii) clause headings are inserted for convenient reference only and have no effect in limiting or extending the language of provisions to which they refer; (iv) words importing a person include a partnership and a body whether corporate or otherwise; (v)

all references to dollars are to Australian dollars;

(vi) a reference to any legislation or legislative provision includes any statutory modification substitution or re-enactment of such legislation or legislative provision (vii) where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning; and (viii) a reference to writing means any representation of words, figures or symbols, whether or not in a visible form.

6.

THOSE AUTHORISED TO RECRUIT SKILLED OVERSEAS WORKERS UNDER THIS AGREEMENT

6.1

To be a Company authorised by the Commonwealth in its absolute discretion to recruit Skilled

Overseas Workers under this Agreement, the Company must have provided the Commonwealth with details of the information requested under Schedule B ‘Information Required for Access to a Labour Agreement’ and demonstrated the following to the satisfaction of the Commonwealth: (i)

they require Skilled Overseas Workers, with skills or experience not readily available within the Australian labour market for occupations under ASCO Major Groups 1, 2, 3 or 4 as specified in the Legislative Instrument by the Commonwealth for the Subclass 457 visa programme;

(ii)

they have a satisfactory record of training, as assessed against information provided in accordance with Schedule C;

(iii) they have a satisfactory record of compliance with Commonwealth and State/Territory workplace relations provisions;

(iv) unless Skilled Overseas Workers are recruited exclusively to MODL occupations and positions, have an effective plan which through increased training and employment of Australians will, over the Term of Operation, result in a reduced reliance on Overseas Temporary Workers. This plan will include the following reporting benchmarks: a. the numbers employed and in which occupations and over what periods of time/dates; b. the target numbers to be employed and trained, and during what periods of time/dates; and c. broad reasons for those leaving their employ and that of the Client Organisation’s employ; (v)

a Letter of Appointment will be provided to each Skilled Overseas Worker specifying that the Skilled Overseas Worker’s terms and conditions of employment and is otherwise in accordance with the terms and conditions of this Agreement, including the requirements of Clause 7.66;

(vi) they will only recruit Skilled Overseas Workers under the terms and conditions of this Agreement; (vii)they will, for each Skilled Overseas Worker, enter and maintain a contract with the Client Organisation. Any such contract entered into must: (a) not be inconsistent with the Skilled Overseas Worker’s Letter of Appointment and the terms and conditions of this Agreement, and in particular must address OH&S issues; and (b) ensure reasonable access by the Commonwealth to the Client Organisation’s premises for the purposes of monitoring the Skilled Overseas Workers, in respect of the services provided by the Skilled Overseas Workers to the Client Organisation; and (viii) they have the financial viability to fulfil its obligations under this Agreement.

6.2

In considering the Company’s evidence, at any time, and subject to Clause 6.3, the Commonwealth may consider whether the Company has achieved an adequate reduction in reliance on Overseas Temporary Workers as per the plan in Clause 6.1(iv). In doing so, the Commonwealth will have regard to a range of factors, including: (i)

the Company’s development and subsequent implementation of the plan required under Clause 6.1(iv); and

(ii)

the impact of any re-structuring, growth of or reduction in business, or acquisition of the Company.

6.3 The Commonwealth acknowledges that in some circumstances, and subject to meeting all the requirements of the Agreement, the Company may be able to demonstrate that it requires an increased number of Skilled Overseas Workers in the short to medium term, so long as that the Company demonstrates how the Company’s reliance on Overseas Temporary Workers will be reduced as per the plan referred to in Clause 6.1(iv)over the Term of Operation. 6.4

The Company must provide the Commonwealth with details of its membership in any industry or professional associations.

7.

OBLIGATIONS OF THE COMPANY

7.1

GENERAL

The Company must: (i)

comply with any reasonable request by the Commonwealth to enable the Commonwealth to exercises its rights and meet its obligations under Clause 8 of this Agreement; and

(ii)

pay the Commonwealth an amount equal to the costs incurred by the Commonwealth in relation to all Primary and Secondary Visa Holders granted visas under this Agreement including but not limited to the cost of public hospital services and the costs associated with locating, detaining and removing former such visa holders;

(iii) agree to information concerning the Company which is relevant to the operation of this Agreement being shared between relevant Commonwealth agencies, including DIAC, DEWR, the Workplace Authority, the Workplace Ombudsman, the Australian Taxation Office and the Australian Federal Police and relevant State and Territory agencies.

7.2

RECRUITMENT OF SKILLED OVERSEAS WORKERS

7.21 The Company may make Nominations in accordance with this Agreement.

7.22 If the Company uses the services of a migration agent to make Nominations for Overseas Skilled Workers approved under this Agreement, the Company must only use the services of migration agents who are registered with the Migration Agents Registration Authority (MARA).

7.23 The Company must only engage Skilled Overseas Workers for on-hire to a Client Organisation pursuant to the terms and conditions of this Agreement.

7.24 The Company must not request payment or reimbursement from Primary or Secondary Visa Applicants/Holders for services relating to the Nomination or securing of employment opportunities or for any costs incurred by the Company under Clause 7.66(v) or in relation to any other services provided by the Company to Primary or Secondary Visa Applicants/Holders.

7.25 The Company acknowledges that it has been advised by DIAC that workers in certain countries may be required by overseas agents to pay money to secure the opportunity for recruitment as a Skilled Overseas Worker.

7.26 When recruiting Skilled Overseas Workers, the Company must make all reasonable inquiries to confirm that the Skilled Overseas Workers they recruit do not owe money as a result of their recruitment.

7.27 The Company must not Nominate Primary or Secondary Visa Applicants whom it has identified under Clause 7.26 as owing money as a result of their recruitment.

7.28 The Company must Report to the Commonwealth on its efforts, experiences and outcomes in meeting its obligations under this Clause 7.2, both prior to Nomination and subsequently in accordance with Clause 7.11.

7.29 The Company may require a Skilled Overseas Worker to undertake responsibilities and perform duties other than those set out in Schedule A: (i)

where the requirement is made as part of the provision of suitable duties as required by applicable workers’ compensation laws; or

(ii)

where the requirement is made for bona fide OH&S reasons to provide a Skilled Overseas Worker with restricted duties consistent with existing medical opinion. The Company must Notify the Commonwealth immediately when any period of restricted duties exceeds one week.

7.30 Where the Commonwealth has concerns with the frequency of Notifications or specific Notifications made under Clause 7.29(ii), the Commonwealth may require the Company to obtain approval from the Commonwealth for any continuing or future instances of a Skilled Overseas Worker’s restricted duties. The Commonwealth may impose conditions on the Company for the granting of any such approvals.

7.31 The Company shall Report to the Commonwealth indicating the number of Skilled Overseas Workers who performed duties pursuant to Clauses 7.29(i) and 7.29(ii) and shall provide such supporting information as is reasonably requested by the Commonwealth in relation to requirements under Clauses 7.29(i) and 7.29(ii).

7.4

NOMINATIONS AND VISA APPLICATIONS

7.41 The Company must either electronically lodge all 457 Nominations together with the visa applications and electronic attachments through DIAC’s online business lodgement service at http://www.immi.gov.au/e_visa/employer-sponsored.htm or to the DIAC office(s) specified at Clause

5.4,

details

of

which

are

provided

in

the

DIAC

website

at:

http://www.immi.gov.au/contacts/australia/index.htm

7.42 During the first year of the Term of Operation of the Agreement the Company may lodge Nominations for up to the maximum number of Skilled Overseas Workers as specified in Schedule D to this Agreement. The Commonwealth reserves the right to make the final decision as to the maximum number.

7.43 Before the second year of the Term of Operation commences, the Company may negotiate with the Commonwealth the maximum number of Nominations for Skilled Overseas Workers that may be lodged in the second year of the Term of Operation. The Commonwealth reserves the right to make the final decision as to the maximum number.

7.44 Before the third year of the Term of Operation commences, the Company may negotiate with the Commonwealth the maximum number of Nominations for Skilled Overseas Workers that may be lodged in the third year of the Term of Operation. The Commonwealth reserves the right to make the final decision as to the maximum number.

7.45 Visas granted under this Agreement will be under the provisions of Subclass 457 Business (Long Stay) visa which will allow for temporary entry to Australia for a minimum period of 3 months and up to 4 years.

7.46 If the duration of employment specified in the Letter of Appointment is for a period equal to or greater than 3 months but less than 12 months, then the length of stay granted under the Subclass 457 Business (Long Stay) visa will be for the same period as the duration specified

in the Letter of Appointment. If the duration specified in the Letter of Appointment is for a period greater than 12 months, then the length of stay granted under the Subclass 457 Business (Long Stay) visa will be for a duration of up to 4 years.

7.47 The Company must satisfy the Commonwealth that it is effective, over the Term of Operation, in its efforts to progressively reduce its reliance on Overseas Temporary Workers per the plan referred to in Clause 6.1 (iv) and must Report on its efforts, experiences and outcomes in meeting this obligation. The Commonwealth will take into account the Company’s progress in reducing its reliance on Overseas Temporary Workers in considering the maximum number of Nominations available in the second and third years of the Term of Operation (Refer to Clauses 7.43 and 7.44).

7.48 Notwithstanding any other provision in this Agreement, the Company must comply and continue to comply with the provisions of this Agreement in relation to a Skilled Overseas Worker until the Skilled Overseas Worker is granted a further substantive visa or has permanently departed Australia, whichever is the earlier.

7.49 Clause 7.48 survives the expiration of the Term of Operation or earlier termination of this Agreement.

7.5 SKILLS, QUALIFICATIONS AND EXPERIENCE REQUIRED

7.51 The Company must ensure that the Primary Visa Applicants satisfy the requirements for Skilled Overseas Workers.

7.52 The Company must ensure that Primary Visa Applicants: (i) are able to provide evidence of a positive independent assessment from a qualified workplace assessor employed by a registered training organisation or the relevant Australian assessment authority, if required, in order to demonstrate they have the necessary skills and qualifications to undertake the responsibilities and perform the duties of their Nominated occupation; and (ii) have the personal attributes and employment background that is relevant to and consistent with the nature of the work to be performed for the Client Organisation.

7.6

SALARY AND CONDITIONS OF EMPLOYMENT

7.61 Following a successful Nomination, the Company must ensure that the Skilled Overseas Workers are employed in skilled on-going full-time positions. Other than as prescribed under the Australian Fair Pay and Conditions Standard or an Industrial Instrument, a full-time position equates to a 38 hour working week.

7.62 Subject to Clauses 7.71 and 7.72, the Company must ensure that the Skilled Overseas Workers are employed in accordance with all relevant Commonwealth and State/Territory laws regarding salary and conditions, including OH&S and taxation laws.

7.63 The Company must ensure that the Skilled Overseas Workers are placed in a work environment that complies with all relevant OH&S and workers compensation laws, for the duration of their employment.

7.64

The Company must: (i) have the requisite knowledge of the Client Organisation’s operations, its OH&S performance and approach to managing safety in the workplace; (ii) obtain details of responsibilities and duties the Skilled Overseas Worker will be required to carry out including where relevant, information on the plant and equipment the Skilled Overseas Worker will be operating; (iii) monitor the work environment to ensure that the Skilled Overseas Worker is placed in a safe work environment. The Company must: (a) act diligently in assessing risks to Skilled Overseas Workers; and (b) not knowingly place Skilled Overseas Worker in a position of risk.

7.65 The Company must not place a Skilled Overseas Worker in a workplace owned, operated and or managed by a Sanctioned Sponsor. The Company must not place a Skilled Overseas Worker in a workplace owned, operated or managed by a Former Sanctioned Sponsor without the written permission of DIAC. The Company must ensure that its Contract with the Client Organisation includes a provision specifying that: (i)

the Client Organisation must warrant that they are not a Sanctioned Sponsor;

(ii)

the Client Organisation must warrant that they are not a Former Sanctioned Sponsor unless DIAC has provided written permission in the particular instance;

(iii) the Client Organisation must Notify the Company immediately if it becomes a Sanctioned Sponsor at any time during the duration of the contract; and

(iv) the Company must not continue to place its Skilled Overseas Worker in the workplace of the Client Organisation who is or has become a Sanctioned Sponsor.

7.66 The Company must ensure the Skilled Overseas Workers’ terms and conditions of employment satisfy the following requirements: (i)

they will be paid salary directly by the Company;

(ii)

they will be paid as per the relevant Australian Pay and Classification Scale or Industrial Instrument applicable to other skilled workers at the Company who are performing equivalent duties, or the Minimum Salary Level (MSL) as updated from time to time whichever is the greater;

(iii) salary (including any amounts payable under Clauses 7.66(ii)) is paid in Australia and in Australian dollars and at least fortnightly (unless the relevant Industrial Instrument provides for payment on a weekly or a monthly basis); (iv) the Company’s recruitment costs including migration agent fees; mandatory licensing, registration or membership fees for a Primary Visa Holder to work as a Skilled Overseas Worker; final return travel to their home country and the cost of public hospital services; do not represent a cost directly or indirectly to be borne by the Skilled Overseas Workers and represent a cost to be borne by the Company; (v)

where the Company provides accommodation and/or board: (a) it must be of at least the same standard as that provided to the Australian employees of the Company; (b) it must either be provided at no cost to the Primary or Secondary Visa Holder or not be compulsory for the Primary or Secondary Visa Holders to accept the accommodation and/or board; and (c) the Commonwealth must be satisfied that those charges are fair and reasonable;

(vi) the Skilled Overseas Workers are to be provided with the Commonwealth Governments’ HelpLine details specified at Clause 16; (vii) the Skilled Overseas Workers are to be provided with local community support contact details; and (viii) the Skilled Overseas Workers are to be informed that they may request that the Company provide them with a copy of this Agreement.

7.67 The Company must indicate to the Client Organisation the nature of the Company’s obligations under subclause 7.83(iii) and what proportion of the amount paid by the Client Organisation goes to the Company meeting its obligations under that clause.

7.68 The Company must ensure that the Skilled Overseas Workers are informed of the terms and conditions of their employment, including those specified at Clause 7.66, and (if requested by the Skilled Overseas Workers) provided with a copy of this Agreement.

7.69 The Company must ensure that it does not displace Australian workers for the purpose of replacing them with Overseas Temporary Workers.

7.70 The Company must provide the Skilled Overseas Workers with any information provided by the Commonwealth to the Company for distribution to the Skilled Overseas Workers.

7.71 Where this Agreement does not specify the Company’s obligations in regards to any term and condition of employment for a Skilled Overseas Worker, then the provisions of the relevant Industrial Instrument will apply.

7.72 Where this Agreement and the relevant Industrial Instrument both specify the Company’s obligations in regard to any term and condition of employment for a Skilled Overseas Worker, then the provisions that are more favourable to the Skilled Overseas Workers will prevail.

7.8 TRAINING AND EMPLOYER RECORDS

7.81 The Company: (i)

and its Directors must continue to be of good standing, including that they have a good record of complying with Commonwealth and State/Territory laws and, where they are a party to a Federal Industrial Instrument, have a satisfactory record of compliance with Federal workplace relations laws;

(ii)

must continue to be an employer with a good record of training Australians including: (a) participation in Australian Apprenticeships as determined by DEWR with regard to “best practice” standards; (b) provision of ongoing skills development and re-training opportunities to Australians; and (c) active participation in initiatives facilitated by DEWR’s or its contracted employment service providers (as determined by DEWR).

7.82 The Company must through the Term of Operation continue to demonstrate a commitment to the provision of employment, training and career path progression opportunities to Australians.

7.83 The Company must, for each year of the Term of Operation, ensure that it meets at least one of the following three training standards: (i)

5 per cent of its skilled (ASCO Major Groups 1 to 3) Workforce are Recent Australian Graduates (with less than 12 months post-qualification work experience) and that these graduates are provided with training linked to professional development and licensing requirements;

(ii)

15 per cent of its trade (ASCO Major Group 4) Workforce are Australian Apprentices or recent Australian Apprentices (with less than 12 months post-qualification work experience) including those under contract to Group Training Organisations but whose placements are coordinated by the Company;

(iii) has Training Expenditure (Refer to Clause 4) of 2.0 per cent of gross wages expenditure.

7.84 The Company shall through the Term of Operation conduct recruitment campaigns targeted at Australians (including in newspapers, professional journals, the Internet and with Job Network members) for the occupations covered by this Agreement. The Company shall maintain an ongoing vacancy for each occupation covered by this Agreement with a Job Network Member for the Term of Operation.

7.85 The Company shall at all times during the Term of Operation cooperate with DEWR in its labour market research programme.

7.9 SECONDARY VISA HOLDERS

7.91 The Company shall be responsible for final return travel to their home country and the cost of public hospital services.

7.92 The Company must not engage a Secondary Visa Holder in a position, unless the Company has, at least 28 days immediately prior to the engagement of that Secondary Visa Holder, registered the position with a Job Network Member for inclusion on Australian Job Search. 7.93 Notwithstanding any other provision in this Agreement, the Company must comply and continue to comply with the provisions of this Agreement in relation to a Secondary Visa Holder until the Secondary Visa Holder is granted a further substantive visa or has permanently departed Australia, whichever is the earlier.

7.94 Clause 7.93 survives the expiration of the Term of Operation or earlier termination of this Agreement.

7.10 COMMUNITY IMPACT MANAGEMENT

7.101Prior to Nomination, the Company shall, to the satisfaction of the Commonwealth, ensure that the arrival and stay of the Skilled Overseas Workers will be in the community’s best interest. This may include liaising with the following entities to identify and address issues raised: (i)

key service providers including schools, health professionals, local councils, police, English language providers; and

(ii)

key community stakeholders including local politicians, community groups, relevant churches/religious bodies and Chambers of Commerce.

7.102Immediately on arrival in the community, the Company must provide to the Skilled Overseas Workers: (i)

appropriate on-arrival assistance, including transport from the airport, helping them to find accommodation and establish their household; and

(ii)

information on how to contact their local community groups and the helplines specified at Clause 16.

7.103 After arrival in the community, where requested by the Skilled Overseas Worker, the Company shall assist the Skilled Overseas Worker to establish links with the broader community, including: (i)

with mainstream services including health professionals, schools and libraries, etc; and

(ii)

with the broader community including, churches/temples, mothers’ groups, child care providers and migrant services, etc.

7.11 REPORTING, AUDIT AND ACCESS REQUIREMENTS

7.111The Company must (within Commonwealth and State or Territory Privacy legislation constraints) Report to the Commonwealth within 6 months from the date of commencement of this Agreement, and then every 12 months unless otherwise Notified by the Commonwealth, on its compliance with its obligations under this Agreement, including: (i)

progress on the implementation and delivery of their plan to reduce, within the Term of Operation, their reliance on Overseas Temporary Workers as per the plan referred to at Clause 6.1(iv);

(ii)

progress on the implementation of each of the training commitments as per Clause 7.83;

(iii) provision of a staffing profile that identifies the occupations and positions held by all Overseas Temporary Workers; (iv) provision of pay details and hours worked for each Skilled Overseas Worker and Secondary Visa Holder in their employ, including a copy of their Payment Summary for the last completed financial year; (v)

compliance with monitoring activities in relation to the Skilled Overseas Worker at the Commonwealth’s discretion;

(vi) details of Skilled Overseas Workers who have ceased to be employed by the Company; and (vii) OH&S issues in Client Organisation’s premises and incidents relating to any Skilled Overseas Worker in their place of employment.

7.112Upon receipt of a Notice, served pursuant to the provisions of this Agreement,from the Commonwealth the Company shall alter the methodology used to establish compliance with the terms and conditions of this Agreement.

7.113In addition to the Reports required by Clause 7.111, the Company shall provide such Reports as are reasonably requested by the Commonwealth. The Company must respond to any request for such additional Reports in accordance with any reasonable timetable set by the Commonwealth. 7.114 Company to keep books and records The Company must: (i) keep and must require its subcontractors to keep adequate books and records, in accordance with Australian accounting standard, in sufficient detail to enable the Commonwealth to verify any payments made under this Agreement; and (ii) retain and require its subcontractors to retain for a period of seven years after termination or expiration of this Agreement all books and records relating to this Agreement. 7.115 Costs The Company must bear its own costs of complying with Clause 7.11.

7.116 Right to conduct audits The Commonwealth or a representative may conduct audits relevant to the performance of the Company's obligations under this Agreement. Audits may be conducted of: (i) the Company's operational practices and procedures as they relate to this Agreement; (ii) the accuracy of the Company's invoices and reports in relation to the obligations under this Agreement; (iii)the Company's compliance with its confidentiality and privacy obligations under this Agreement; (iv) material (including books and records) in the possession of the Company relevant to the Agreement; and (v) any other matters determined by the Commonwealth to be relevant to the Agreement. 7.117 Access by the Commonwealth The Commonwealth, including the Commonwealth Ombudsman, may at reasonable times and on giving reasonable notice to the Company: (i) access the premises of the Company to the extent relevant to the performance of this Agreement; (ii) require the provision by the Company, its employees, agents or subcontractors, of records and information in a data format and storage medium accessible by the Commonwealth by use of the Commonwealth's existing computer hardware and software; (iii)inspect and copy documentation, books and records, however stored, in the custody or under control of the Company, its employees, agents or subcontractors; and (iv) require assistance in respect of any inquiry into or concerning this Agreement. For these purposes an inquiry includes any administrative or statutory review, audit or inquiry (whether within or external to the Commonwealth), any request for information directed to the Commonwealth, and any inquiry conducted by Parliament or any Parliamentary committee. The Commonwealth must be provided access to the Company's computer hardware and software to the extent necessary for the Commonwealth to exercise its rights under this Clause, and provide the Commonwealth with any reasonable assistance requested by the Commonwealth to use that hardware and software.

7.118 Conduct of audit and access The Commonwealth must use reasonable endeavours to ensure that: (i) audits performed pursuant to Clause 7.116; and (ii) the exercise of the general rights granted by Clause 7.117 by the Commonwealth, do not unreasonably delay or disrupt in any material respect the Company's performance of its obligations under the Agreement. 7.119 Costs Each Party must bear its own costs of any reviews and/or audits. 7.120 Auditor-General and Privacy Commissioner The rights of the Commonwealth under Clause 7.117 (i) to 7.117 (iii) apply equally to the AuditorGeneral or a delegate of the Auditor-General, or the Privacy Commissioner or a delegate of the Privacy Commissioner, for the purpose of performing the Auditor-General's or Privacy Commissioner's statutory functions or powers. 7.121 Company to comply with Auditor-General's requirements The Company must do all things necessary to comply with the Auditor-General's or his or her delegate's or the Privacy Commissioner's or his or her delegate's requirements, notified under Clause 7.118, provided such requirements are legally enforceable and within the power of the Auditor-General, the Privacy Commissioner, or his or her respective delegate. 7.122 No reduction in responsibility The requirement for, and participation in, audits does not in any way reduce the Company's responsibility to perform its obligations in accordance with the Agreement. 7.123 Subcontractor requirements The Company must ensure that any subcontract entered into for the purpose of this Agreement contains an equivalent Clause granting the rights specified in Clause 7.11.

7.124 No restriction Nothing in this Agreement reduces, limits or restricts in any way any function, power, right or entitlement of the Auditor-General or a delegate of the Auditor-General or the Privacy Commissioner or a delegate of the Privacy Commissioner. The rights of the Commonwealth under this Agreement are in addition to any other power, right or entitlement of the Auditor-General or a delegate of the Auditor-General or the Privacy Commissioner or a delegate of the Privacy Commissioner. 7.125 Survival Clauses 7.116 to 7.124 applies for the Term of Operation and for a period of seven years from the termination or expiry of this Agreement.

7.13

CHANGE OF CIRCUMSTANCES

7.131 The Company shall Notify the Commonwealth within 5 working days where: (i)

it is or may become non-compliant with any of its obligations under this Agreement; or

(ii)

any change in circumstances occurs that may substantially affect its capacity to meet its obligations under this Agreement.

7.132 The Company shall Notify DIAC at the office(s) set out at Clause 5.4 within 5 working days if: (i) a Skilled Overseas Worker does not commence employment in accordance with the Letter of Appointment; (ii) a Skilled Overseas Worker ceases to be in their employ; or (iii)there are any changes to the terms and conditions specified in the Letter of Appointment.

8

THE RIGHTS AND OBLIGATIONS OF THE COMMONWEALTH

8.1

The rights and obligations of the Commonwealth in this Clause 8 are in addition to the rights and obligations provided elsewhere in this Agreement:

8.2 The Commonwealth will review the Company’s compliance with relevant Commonwealth laws and this Agreement within 6 months from the date of commencement of this Agreement, and then every 12 months unless otherwise Notified by the Commonwealth to the Company.

8.3

The Commonwealth will investigate with priority any allegations made verbally or in writing, particularly those made in writing, of non-compliance by the Company with relevant Commonwealth laws or the terms and conditions of this Agreement.

8.4

The Commonwealth will ensure that the Company’s access to Skilled Overseas Workers remains demonstrably in Australia’s best interests.

8.5

The Commonwealth rights include the right to: (i)

suspend, in its absolute discretion, the Company’s authority to recruit Skilled Overseas Workers under this Agreement;

(ii)

refuse any Nominations or Primary or Secondary Visa Applications where the Company does not satisfy the Commonwealth that it is meeting any of the Company’s obligations under this Agreement;

(iii) refuse any Nominations or Primary or Secondary Visa Applications made under this Agreement where they could not reasonably be approved before the Agreement ceases to have effect; (iv) assess all Nominations and Primary or Secondary Visa Applications on their merits and in accordance with Migration Legislation, including undertaking overseas and domestic integrity checks and site visits; (v)

determine, at its absolute discretion, whether to impose conditions on the Company in accordance with Clause 7.30;

(vi) accord priority to processing Nominations and Primary or Secondary Visa Applications made pursuant to this Agreement; (vii) rely on its opinion to determine the Company’s compliance with its obligations under Clause 7.81; (viii) take any one or more of the actions specified in Clause 10 where the Company has failed to comply with any of the terms and conditions of this Agreement; (ix) request a security under Section 269 of the Migration Act 1958 which can be in the form of a bank guarantee; (x)

reasonably require the Company to provide any information relevant to the operation of, and its performance under, this Agreement at any time; and

(xi) consider any request by the Company for a variation to the Term of Operation of this Agreement.

8.6

Where a Skilled Overseas Worker is injured and receives workers’ compensation payments during their convalescence, the workers’ compensation payments received by the worker shall be deemed to form part of their Minimum Salary Level payment.

8.7

Where a Skilled Overseas Worker engages in industrial action as defined by the Workplace Relations Act 1996 for any period during which that Skilled Overseas Worker is required to be working, that period will be deemed not to be working time, and the Company must comply with Section 507 of the Workplace Relations Act 1996 in regard to payments arrangements. Periods of industrial action taken by a Skilled Overseas Worker shall not be taken into account when calculating the Minimum Salary Level payments that would apply.

9

NOTIFICATION

9.1

Any Notification, request or other communication to be given in respect of this Agreement must be in writing and addressed and forwarded to the relevant contact person at the postal or email address shown at Clause 15.

9.2

Any Notification, request or other communication given to the Company in accordance with Clause 9.1 will be deemed to be received: (i)

if in the form of a letter by pre-paid ordinary post within Australia, upon expiration of 5 working days after the date shown on the postmark; and

(ii)

if by email, upon electronic receipt that the recipient has received the email, except where the sender receives an ‘out of office’ message then the email will not considered to be received and must be sent to another authorised recipient.

10

DEFAULT

10.1 If the Company is in default under this Agreement due to failure to perform or observe any obligation or undertaking to be performed or observed on its part under this Agreement, the Commonwealth may take one or more of the following actions: (i) suspend, in whole or in part, the processing of visa applications made through Nominations under this Agreement; (ii) confiscate any security that the Company has provided to the Commonwealth for compliance with the terms of this Agreement;

(iii) recover from the Company any outstanding costs incurred in relation to a Primary or Secondary Visa Holder Nominated under this Agreement and met by the Commonwealth, including any costs of locating, detaining and removing from Australia and/or processing an application for a protection visa; (iv) recover from the Company any shortfall in monies to be paid to the Skilled Overseas Worker in order for the Company to be compliant with Clause 7.66 and pay the recovered monies to the Skilled Overseas Workers; (v) apply any sanctions provided in the Migration Legislation for the Subclass 457 visa programme so far as applicable; and (vi) terminate this Agreement in accordance with Clause 14 without prejudice to any right of action or remedy which has accrued or which may accrue. 10.2 A waiver by either Party in respect of any breach of a condition or provision of this Agreement will not be deemed to be a waiver in respect of any continuing or subsequent breach of that provision, or breach of any other provision. The failure of either Party to enforce at any time any of the provisions of this Agreement will in no way be interpreted as a waiver of such provision.

11

DISPUTE RESOLUTION

11.1 The Parties shall deal with any dispute arising during the course of this Agreement as follows: (i)

first, the Party claiming that there is a dispute must Notify the other Parties of the details of the dispute;

(ii)

secondly, the Parties must try to resolve the dispute by direct negotiation;

(iii) thirdly, the Parties must allow twenty-eight days from Notification of the dispute to reach a resolution or to agree to select some alternative dispute resolution procedure; and (iv) lastly, if there is no resolution or agreement then any Party may commence legal proceedings or terminate this Agreement. 11.2 The Parties note that the Migration Review Tribunal and Administrative Appeals Tribunal have the jurisdiction to review certain visa decisions and that the Migration Review Tribunal has the jurisdiction to review Nomination decisions. This Agreement does not abrogate any rights of review to the Migration Review Tribunal or Administrative Appeals Tribunal.

12

APPLICABLE LAW The laws of the Australian Capital Territory apply to this Agreement.

13

AMENDMENT

The terms and conditions of this Agreement may be varied by written agreement signed by both Parties.

14

TERMINATION

14.1 In addition to the rights of termination under Clause 10, this Agreement may be terminated by any Party, with effect 28 calendar days after written Notification is given to the other Party.

14.2 Where this Agreement is terminated by any Party before the Term of Operation ends, all Primary and Secondary Visa Holders who have entered Australia under the terms of this Agreement: (i)

subject to Clause 14.3, will be given 28 calendar days to transfer to a new employer;

(ii)

may be subject to visa cancellation in accordance with Migration Legislation;

14.3 DIAC has the authority to provide Skilled Overseas Workers with a reasonable time period beyond the 28 calendar days specified at Clause 14.2(i) to find alternative skilled employment.

15

CONTACT

All correspondence from the Company to the Commonwealth in relation to the terms, conditions and interpretation of this Agreement should be addressed to the Commonwealth contact persons as follows:

For the Commonwealth: The Director, Labour Agreement Section, Department of Immigration and Citizenship, PO Box 25 BELCONNEN ACT 2617 Email: [email protected] AND

The Director, Migration Policy and Analysis Section Department of Employment and Workplace Relations GPO Box 9879, Canberra City ACT 2601 Email: [email protected]

All correspondence from the Commonwealth to the Company in relation to the terms, conditions and interpretation of this Agreement should be addressed to the Company contact as follows:

[COMPANY TO PROVIDE DETAILS]

16

HELPLINES

The Helplines are listed below, and their details may be updated and Notified to the Company from time to time: (i)

The Department of Immigration and Citizenship PH: 1800 009 623

(ii)

The Workplace Authority PH: 1300 366 632

(iii) The Workplace Ombudsman PH: 1300 724 200

17

SIGNATURE

The Parties have signed, [sealed and delivered] this Agreement [as a Deed]:

(i) representing the Department of Immigration and Citizenship

................................................................... Dated: ..... /..... /2007

in the presence of ...................................................................

(ii) representing the Department of Employment and Workplace Relations

................................................................... Dated: ..... /..... /2007

in the presence of ...................................................................

(iii) representing the Company (the Agreement must be signed by: (a) 2 directors of the Company; or (b) a Director and a Company Secretary of the Company)

Title:

................................................................... Dated: ..... /..... /2007

in the presence of ................................................................. [Company Seal]

Title:

................................................................... Dated: ..... /..... /2007

in the presence of .................................................................

SCHEDULE A “Skilled Overseas Worker” is a non-Australian (refer Clause 4) recruited by the Company under this Agreement to work in Australia and who: (i)

will be on-hired to a Client Organisation for a specified period to undertake certain

responsibilities and perform specified duties for the Client Organisation; (ii)

is being Nominated for an occupation under ASCO Major Groups 1, 2, 3 or 4 as

specified in the Legislative Instrument by the Commonwealth for the Subclass 457 visa programme; (iii)

possesses the relevant skills and qualifications for that Nominated occupation as

specified under ASCO and/or prescribed by relevant State or Territory licensing legislation; (iv)

will be undertaking responsibilities and performing the duties that are specified for

that Nominated occupation; (v)

where license, registration or membership is mandatory for the occupation in which

the Skilled Overseas Worker proposes to be employed and in order to obtain the licence, registration or membership the Skilled Overseas Worker requires English language proficiency in excess of IELTS 4.5, has that level of English language proficiency. In all other cases, has English language proficiency equal to at least IELTS 4.5, except where they fall within any of the exemptions to the English language requirements for the Subclass 457 Business (Long Stay) visa as specified by the Commonwealth in Legislative Instruments for the purposes of Clause 457.223 of Schedule 2 to the Migration Regulations 1994.

SCHEDULE B

Information Required for Access by a Company to a Labour Agreement

(1) The trading or business name of the employer seeking access to a labour agreement. (2) The Australian Business Number or Australian Company Number of the employer. (3) The nature of the employer’s business. (4) A list of Businesses related to the Company under the Corporations Act. (5) Operational locations of the Company and its related businesses. (6) Your position in the Company’s organisation. (7) If you are not in the Company’s organisation, but acting on its behalf, it is the Department's policy that you must be a registered migration agent and provide your migration agent registration number (MARN) to DIAC.

Other Information (1) Occupations a. What are the occupations to be filled? b. How many positions are there? (2) Benefit to Australia What would be the benefits to Australia from the entry of the proposed Skilled Overseas Workers? (3) Timeframe a. When would the Skilled Overseas Workers be needed? b. What if any is the current use of Skilled Overseas Workers? (4) Skills a. What are the skill requirements of the positions to be filled? b. How will this be assessed? c. Is there an independent assessment process available? d. Are there any prescribed licensing or registration requirements? e. If so, will the Skilled Overseas Workers meet these requirements prior to visa grant? (5) Evidence of shortage a. Is there objective evidence of a shortage of Skilled Overseas Workers to fill such positions? b. What has been the outcome of efforts to recruit locally? c. Has the Company used Job Network Members to recruit locally? (6) Training and recruitment of Australians

a. Does the Company have a strong record of training Australians and an on-going commitment to this? b. How can this be demonstrated? c. Does the Company participate actively in Department of Employment and Workplace Relations labour market programs? (7) English What will be the minimum English language skills of any Skilled Overseas Workers? (8) Salary a. What will be the base salaries of the visa holders for a standard 38 hour working week? b. Do these meet indexed Minimum Salary Levels (without the regional concessions)? c. What is the relevant industrial instrument? (9) Additional costs a. Is the Company willing to pay fees paid by the Skilled Overseas Workers to any individual or organisation, including migration agents? b. Is the Company willing to pay for air travel from Australia to the visa holder’s home country at the conclusion of their stay? c. Is the Company willing to pay for licensing and registration? (10) Accommodation and community issues a. What arrangements, if any, does the Company have in place for accommodation for the overseas workers and b. What arrangements, if any, does the Company have in place for dealing with any local community and settlement issues? c. Have there been consultations with other stakeholders and if so what are their views? (11) Employer associations a. Is the Company a member of an industry association that includes a code of ethics that provides protections for workers and/or which is responsible for the development and implementation of quality national training strategies? b. Will the Company be the ‘direct’ employer?

SCHEDULE C

ASSESSMENT OF “TRAINING RECORD” This Schedule is to be completed by the Company as part of the negotiation process for this Labour Agreement for the entry of Skilled Overseas Workers. This schedule should be completed with reference to the definitions included in ‘Interpretation’ above. Once completed in full this Schedule should be forwarded to the Director, Migration Policy and Analysis Section, Department of Employment and Workplace Relations (DEWR) by facsimile to (02) 6276 7604 or by email to [email protected]. Please note: •

an incomplete or partially completed Schedule C will not be accepted;

•

the Schedule will be assessed by DEWR within 10 working days of receipt; and

•

information on other training initiatives implemented by the Company for Australians can be attached to this Schedule.

NAME AND ABN OF [ON-HIRE COMPANY NAME]: Registered Company Name: ABN: Address: Phone:

Fax:

CONTACT PERSON WITH [ON-HIRE COMPANY NAME]:

Name and Position: Address: Phone:

Fax:

email:

CURRENT STAFFING PROFILE FOR [ON-HIRE COMPANY NAME] BY RESIDENCE STATUS

Total Australian citizens and permanent residents (employees and contractors): Including:

Australian Skilled Workers:

Indigenous Australians: Mature Age Australians (over 45 years old): Total Overseas Temporary Workers: Including:

Sponsored Overseas Workers: “Other” Overseas Workers:

CURRENT NUMBER OF ENTRY-LEVEL EMPLOYEES (LESS THAN 12 MONTHS EXPERIENCE) EMPLOYED OR PLACED BY [ON-HIRE COMPANY NAME]

Recent Australian Graduates: Australian Apprentices: Informal Trainees: EXPECTED NUMBER OF ENTRY-LEVEL AUSTRALIAN EMPLOYEES TO BE RECRUITED OR PLACED BY [ON-HIRE COMPANY NAME] IN THE NEXT 12 MONTHS

Recent Australian Graduates: Australian Apprentices: Informal Trainees: ANNUAL EXPENDITURE ON TRAINING AUSTRALIANS AND GROSS WAGES EXPENDITURE BY [ON-HIRE COMPANY NAME]

Training Expenditure: $ Gross Wages Expenditure (including employees and contractors): $

DETAILS OF CONSULTATIONS WITH JOB NETWORK MEMBERS ON THE RECRUITMENT OF AUSTRALIAN JOBSEEKERS

Name of Job Network Member (JNM) or other providers of Australian Government Employment Services (such as CRS Australia or the Disability Employment Network): Contact Person: Contact Phone: Number of Australian Job Seekers placed with the Company by Job Network etc:

Other Information on consultations with Job Network Member etc:

DETAILS OF PARTICIPATION IN DEWR LABOUR MARKET PROGRAMMES, INDUSTRY STRATEGY BRANCH INITIATIVES, AND/OR STATE/TERRITORY GOVERNMENT LABOUR MARKET PROGRAMMES

Please include information on the number of job seekers placed etc.

TITLE OF INDUSTRIAL INSTRUMENT (OR OTHER WORKPLACE AGREEMENT) TO WHICH THE COMPANY IS A PARTY – IF APPROPRIATE

COMPANY DECLARATION

I declare the information provided in this Schedule is correct and that, on request, I will provide DEWR with appropriate supporting evidence (including financial statements, invoices, copies of Australian Apprenticeship registration papers, Job Network vacancy lodgements etc). I agree that DEWR can consult with other Commonwealth and State/Territory agencies to confirm the accuracy of the information provided in this Schedule. I confirm that the Company identified on this Schedule has not and will not, for operational reasons, displace any Australian employed as a Skilled Worker in order to replace them with Overseas Temporary Workers or effect a reduction in the terms and conditions of employment of Australian workers as a result of employing Overseas Temporary Workers.

Signed by-------------------------------------On behalf of the Company Dated-------------------------------------------

SCHEDULE D

First year of the Term of Operation

Number of Nominations:

[xxx] of Skilled Overseas Workers

Attachment B On-Hire Industry Labour Agreement – Employer Checklist Read the preceding letter and supporting information on the new labour agreement arrangements for the on-hire industry at the following weblink: See: http://www.immi.gov.au/skilled/on-hire-industry.htm Compile all relevant documentation to satisfy requirements for Schedule B of the on-hire labour agreement (Attachment A) Compile all relevant documentation to satisfy requirements for Clause 6.1 of the on-hire labour agreement (Attachment A) Some advice to assist in the provision of this information, please note that this information is given as a guide and without prejudice. The information you provide should not be limited to the advice provided: • Provide details and supporting documentation of efforts to recruit and retain skilled Australian workers; • Provide a statement stating compliance or details of non-compliance with Commonwealth and State workplace relations; • Provide a plan detailing the method for reducing reliance on temporary skilled overseas workers and increasing training and employment of Australians; • Provide details and supporting documentation of annual turnover for the most recent full financial year. Complete Schedule C “Assessment of Training Record” of the on-hire labour agreement (Attachment A) Electronic submissions for consideration should be sent to: [email protected] Or provide two complete sets of your hard copy submission to: The Director Labour Agreement Section Department of Immigration and Citizenship PO Box 25 Belconnen ACT 2616 Note: DIAC will forward to DEWR, on your behalf, either an electronic copy or 1 complete hard copy of your submission. If the Commonwealth agrees to the request to access and is satisfied with the responses to Schedule B and Clause 6, the on-hire firm will be invited to sign an on-hire industry labour agreement. DIAC will acknowledge your submission by return email or return letter as appropriate. Note: You may be asked to provide further supplementary information to support your submission if an assessment is made that the provided information is not sufficient to allow access to the on-hire industry labour agreement.

Weblinks Technical details of the regulatory changes affecting the on-hire industry are available on the Department’s website. See: http://www.immi.gov.au/legislation/amendments/lc01102007-3.htm The website also contains other information about the labour agreement process. See: http://www.immi.gov.au/skilled/skilled-workers/la/index.htm Arrangements for current Subclass 457 visa holders Persons who are employed by on-hire firms and who hold a current Temporary Business (Long Stay) Subclass 457 visa are not affected by these changes. These employees may remain on their current visas and the conditions of these visas remain in force until the visas ceases. Transitional arrangements Sponsorship applications, nominations and visa applications lodged prior to 1 October 2007 will not be affected by the new arrangements. These applications will continue to be processed in accordance with the Standard Business Sponsorship programme arrangements. Visa applications lodged on or after 1 October 2007 in relation a nomination that had been lodged prior to 1 October 2007 will also continue to be processed and considered against an approved nomination. Sponsorship, nomination and associated visa applications lodged on or after 1 October 2007 will be decided in accordance with the new provisions in relation to the on-hire industry. Arrangements for new nominations and associated visa applications The new provisions in relation to the on-hire industry will apply to all nominations lodged on or after 1 October 2007. Standard Business Sponsorship arrangements would only be considered if the they relate to a position to be filled within the on-hire firm’s own organisation (eg an accountant to audit their own books). Affected Subclass 457 visa holders who seek a further visa onshore and are associated with an OnHire firm that is currently a Standard Business Sponsor can lodge a further Subclass 457 visa application by completing the paper Form 1066 – Application for Temporary Business (Long Stay) visa (Subclass 457). Such applicants will normally be granted a bridging visa which will enable them to remain lawfully in Australia while the On-Hire firm seeks access to a labour agreement. The On-Hire firm would need to request access, be invited to sign and enter into a labour agreement before the further visa can be granted.