Subclass 457 Sponsorship Accreditation Program November 3, 2011— Beginning Monday, November 7, 2011, sponsoring employers in Australia can apply for accredited sponsor status that offers priority processing for subclass 457 visa applications. The Australian Department of Immigration and Citizenship (DIAC) will also ease some eligibility requirements, allowing a greater number of companies to qualify for the new program when they apply as an amendment to existing sponsorship agreement or as part of a new application. This accreditation will be valid for the remainder of the agreement, which typically runs six years. The new program is open to public and private companies, as well as government agencies, with a minimum turnover of AUD 4 million for the last three years. Qualified applicants must be able to demonstrate several characteristics above the standard sponsorship requirements. Once accredited, companies must continue to meet eligibility requirements for the duration of their agreement. The DIAC has relaxed two criteria for the program. First, employers hiring subclass 457 visa holders earning less than AUD180,000 will not be required to prove that a valid collective or enterprise agreement will cover those employees. This change was made in response to client concerns that requiring employers to demonstrate the existence of such an agreement could violate provisions of the Fair Work Act 2009. Second, though employers applying for accreditation will still be required to demonstrate that their compliance records contain no adverse information known to DIAC or the Department of Education, Employment and Workplace Relations – including the absence of formal warnings or sanctions – this requirement will not be strictly applied. The DIAC also clarified that its officers have the discretion to grant accredited status to employers whose noncompliance was not significant or there are mitigating circumstances. For example, an employer that has been issued a formal warning in response to voluntary disclosures during good-faith discussions may not automatically be precluded from accreditation.
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