|
COMMONLY ASKED QUESTIONS |
FLB ANSWER |
| What occupations are in demand in
Australia and qualify for the 457 visa program? |
The Australian Government publishes
(updated every 6 months) a Migration Occupations in
Demand List (MODL).
Click to view MODL. This list summarises the job
descriptions that are currently in short supply in
Australia. However it important to understand that some
of these categories are quite broad and therefore quite
flexible in their coverage.
Also this
is not a comprehensive list and, as long as the
Department considers that you are a skilled
professional, carrying out a key activity in a job that
the Department considers could not easily be filled by
an Australian resident, then a sponsorship is
likely to be approved.
|
| What experience is necessary for a
sponsored job
in Australia? |
>> In general a University qualified applicant
will require a MINIMUM of 1 year experience relevant to
the nominated position.
>> If the tertiary qualification is less than a
degree (i.e. diploma or certificate), then the MINIMUM
experience required will be 3 years.
>> If an applicant does not have any tertiary
qualifications, then a MINIMUM of 5 years experience
(relevant to the nominated position) is required.
|
| How long can sponsored workers stay in
Australia on a 457 visa? |
>> The maximum period must be specified in the
457 visa application.
>> Up to a maximum of 4 years is permitted.
>> After 2 years a 457 visa holder can make
application for a permanent visa if they wish to work in
Australia for more than 4 years.
|
| What happens to sponsored workers at the
end of their contract or visa period? |
>> The sponsored employee must leave Australia at
the end of their visa period.
>> The sponsoring employer is responsible for
payment of the employee’s return Airfare to the
Philippines.
|
| How can the sponsoring employer be sure
that the sponsored employee has the job qualifications
necessary for the position? |
>> All educational levels are verified by FLB.
>> Relevant on-the-job references and experience
levels are verified by FLB.
>> Hands-on practical trade testing is conducted
by FLB.
>> Assessment testing is conducted wherever
possible.
|
| What checks are made by FLB employment
agency before workers come to Australia? |
>>
Police checks are made on all candidates.
>> Every candidate is given (and must pass) a
complete medical check.
>>
IELTS English testing is conducted on every candidate.
>> Behavioural and aptitude testing is available
if requested by the potential employer.
|
| How does FLB go about selecting people
in the Philippines? |
>>
The FLB selection process is established to the highest
Australian standards.
>> FLB has an established database of available
workers and tracks the performance and client feedback
of all placed personnel.
>> Every candidate is personally interviewed by
FLB and their identity verified.
>> The education levels of all candidates are
verified directly with the educating institution.
>> Every candidate is personally reference
checked for the past three (3) positions held.
|
| What is the required level of English
for a sponsored job? |
>>
To work in any occupation in Australia a minimum level
of English is required but this varies depending on the
occupation.
>> The International English Language Testing
System (IELTS) is used to assess your language
capability. The minimum IELTS level for any employment
is 5.0 (out of 10) but some occupations can require a
level of 7 (i.e. nursing).
>> Filipinos in general speak good English as all
their tertiary education is conducted in English.
>> All FLB Overseas candidates are certified to
the required IELTS English level for any occupations to
which they are being employed.
>> FLB in Manila also puts all successful
candidates through Australian Colloquial Language
training.
|
| Can a sponsoring employer terminate the
employment of a sponsored employee? |
Yes, but there must be a valid work-related reason for
the termination that falls under the terms of the signed
employment contract. The employee must find alternative
employment with another sponsor within 28 days and can
be employed by the new sponsor under the same 457 visa
for the remainder of the visa term.
|
| Can an employer cancel a sponsored
employee’s visa? |
No, only the Department of Immigration and Citizenship
can cancel a visa.
|
| Can a sponsored employee leave one
employer and get another job with another sponsoring
company? |
Yes, but this can be quite difficult as the employee
must first get approval from the Department of
Immigration and Citizenship for a new nomination to the new sponsor as the employer.
|
| Are there any special working conditions
to which a sponsoring employer must comply? |
No, when working in Australia, a 457 visa holder is
entitled to the same working conditions as any permanent
Australian citizen or resident.
|
| Can a Filipino sponsored employee work
under a standard Australian employment contract? |
Yes, but the contract must include an addendum or a
cover-letter which includes the few mandatory
conditions required by the Philippines Overseas
Employment Agency. These are provided to the
employer by FLB and are then simply incorporated within the
Australian employment contract.
|
| Can a sponsored employee bring their
family dependants to Australia? |
Yes, but only if the employer also agrees to sponsor
them. FLB strongly advises sponsored employees NOT to
bring dependants to Australia for at least 12 months. However after 2 years on
a 457 visa, a sponsored employee can apply for a
permanent visa, and once granted, is no longer subject
to the employer’s sponsorship.
|
| Who pays for the medical costs if a
sponsored employee gets sick? |
The sponsored employee is required to take out medical
insurance to cover the
sponsored employee’s public-level medical and hospital
expenses. This must be arranged prior to the granting of
a 457 visa and is at
a cost of approximately $1000 per year.
|
| What responsibility does the employer
have in providing accommodation for the sponsored
employee? |
The only requirement of the employer is to provide
assistance in locating suitable accommodation. The
employee is free to live wherever they like. If the
employer offers suitable accommodation then the employee
is entitled to refuse this and find their own.
|
| What happens about accommodation when
the sponsored employee first arrives? |
As stated in the previous question, the employer has a
responsibility to find suitable accommodation for the
sponsored employee and this includes from the date that
that they arrive in their town/city of employment.
Payment for this accommodation is the responsibility of
the employee; however it is normal practice for the
employer to make an advance on the salary of the
employee to cover the advanced payments required, and to
deduct these advances from subsequent salary paid to the
employee.
|
| What is the minimum salary that a
sponsored employee can be paid? |
The employer is required to pay the "market rate" that
is applicable to the position. Market rates are normally
established by the current award wage or Collective
Agreement that is in place for the job employed. However
the rate of pay must exceed the Minimum Salary Level (MSL)
of $45,220
(excluding superannuation). Rates of pay apply to a 38 hour
week and the minimum is still payable even if the
employee works less than 38 hours. If an Australian
Industrial Agreement covers the job then the employee
must be paid the greater of the MSL or AIA salary.
|
| What amounts can a sponsoring employer
deduct from a sponsored employee’s salary? |
Standard Income Tax is the only deduction that can be
made by the employer without the employee’s agreement.
Even if the employee does agree to additional
deductions, the resultant net amount cannot be lower
than the Minimum Salary Level (as above).
|
| What obligations does the employer have
to a sponsored employee with respect to workplace
relations? |
Every employer (by law) must provide every employee with
a “Workplace Relations” Fact-sheet within 7 days of them
commencing work.
|
| What obligations does the sponsoring
employer have with respect to taxation? |
The only obligations that the employers has with respect
to Taxation is (a) to withhold the correct amounts of
tax and remit this tax to the Australian Tax Office, and
(b) to issue an annual payment summary to the employee
of “gross payments” and “total tax withheld”.
|
| What superannuation obligations does the
sponsoring employer have? |
The sponsoring employer must pay the minimum
superannuation contribution (currently 9%) in addition
to the Minimum Salary Level. A sponsored employee can
claim their accumulated superannuation when they leave
Australia.
|
| Are there any special workplace safety
obligation put on a sponsoring employer? |
No, all standard workplace safety conditions and
training are required to be given by the employer to all sponsored employees.
|
| Can a sponsored employee join a union? |
Yes, but no one can mandate their joining.
|
| What character checks are done on
sponsored employees? |
All sponsored employee must be of “good character” to
obtain a 457 visa. Police checks are conducted by FLB as
part of the visa application process.
|
| Does the sponsoring employer have an
obligation to give a sponsored employee an advance
against salary when the sponsored employee first arrives
in Australia? |
No, however FLB recommends and negotiates an appropriate
arrangement depending on the financial circumstances of
each sponsored employee. Any advanced payments made by
the employer can be deducted from the salary of the
employee.
|
| |
|
