EXPLANATORY NOTE FOR AUSTRALIAN EMPLOYERS INTERNATIONAL RELATIONS (SUBCLASS 403) VISA APPLICATION MOU ON TRAINEES BETWEEN AUSTRALIA AND SWITZERLAND

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1 EXPLANATORY NOTE FOR AUSTRALIAN EMPLOYERS INTERNATIONAL RELATIONS (SUBCLASS 403) VISA APPLICATION MOU ON TRAINEES BETWEEN AUSTRALIA AND SWITZERLAND The Memorandum of Understanding (MOU) between Australia and Switzerland provides for the exchange of trainees, who are nationals of either country, to visit the other country to gain professional and trade skills and to improve their linguistic knowledge. This Explanatory Note which should be read in conjunction with the MOU provides background information to Australian Host Employers on the standard Statutory Declaration which provides a streamlined option for employers seeking to engage a Subclass 403 Visa Applicant under this MOU. 1. Is the primary purpose of the position to receive workplace based training and not to work? If the primary purpose of the position is to receive workplace based training for a period of up to 12 months in the first instance to enhance the visa holder s professional or vocational skills and increase their English proficiency the MOU is an option. However, if the primary purpose is to work (with any training being incidental or to satisfy Australia work safety law), other migration programmes may be more appropriate. 2. Does the workplace based training position you are offering the subclass 403 visa applicant relate to a Profession or Trade and Technical occupation? See Attachment A for occupations from 1 May In the Australian labour market, Professions are occupations appearing in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) Major Group 2 with a skill level 1. Skill level 1 is aligned to an Australian bachelor degree requiring a minimum of three years full-time tertiary study. In the Australian labour market, Trade and Technical occupations appear in ANZSCO Major Group 3 and have a skill level 2 or 3. Skill level 2 is aligned to an Australian diploma requiring a minimum of two years full-time tertiary study and skill level 3 is aligned to an Australian certificate III/IV which may be awarded following the completion of an Australian Apprenticeship. ANZSCO is available at DF001CB1CC/$File/12200_2006.pdf This MOU does not cover Australian Apprentice positions or occupations not appearing in ANZSCO Major Group 2 or 3. If you are not sure if the position relates to a profession or trade in Australia, please a copy of the duties for the position to Department of Employment at migration@employment.gov.au. A response will usually be provided to an Australian employer within 10 working days of receipt. 3. As the Australian employer are you satisfied the visa applicant has skills to the Australian standard? As subclass 403 visa applicants are not subject to formal skills assessment, the Australian employer will need to be satisfied applicants have skills to the Australian standard for the professional or trade and technical occupation for which they are being recruited. If appropriate, the Australian employer needs to be satisfied visa applicants will meet the expectations of their clients and the requirements of any related contracts.

2 4. Does the visa applicant hold all relevant licensing, registration or certification required by applicable Australian law for the profession/trade/technical occupation and/or industry of employment? See 3 above. Information on Australian qualification and licensing/registration for some 500 occupations is available at Detailed information including on provisional and conditional licensing arrangements is on the websites of relevant Australian assessing authorities or on the website of the relevant Australian registration or licensing body. It is non-lawful for a Subclass 403 Visa Holder to work or undertake workplace based training in Australia without satisfying applicable Australian licensing/registration requirements and (as appropriate) holding all relevant Australian industry certification which may include character checks and formal training. 5. Have your offered the visa applicant an employment contract (or contract of service) which includes salary and employment conditions which comply with all applicable Australian workplace law and standards (including but not limited to awards, agreements, superannuation, workers compensation and workplace safety)? Salary and conditions must be aligned with the applicable Australian Industrial instrument (includes awards and agreements) which applies to the position and/or workplace in which the trainee will be employed. Information on individual awards and conditions can be found at For workplaces not covered by the Fair Work Act 2009, advice can be sought from the relevant state government body. The employment contract should not refer to an Australian Apprenticeship (includes apprentices and trainees) positions which include an Australian citizenship or permanent residence requirement. It is not likely given the MOU is specific to professional and vocational occupations that the national minimum wage will apply. Australian Host Employers should therefore seek advice from the Fair Work Commission or the Fair Work Ombudsman before finalising an employment contract that refers to the national minimum wage. The employment contract should not refer to any period of unpaid work or unpaid work placements. The employment contract should not relate to a position with the company where the primary purpose is for work (rather than training). The employment contract should propose the length of time for training position (of up to 12 months in the first instance). The MOU does not provide for the entry of independent contractors.

3 ELIGIBLE PROFESSIONAL AND TRADE AND TECHNICAL OCCUPATIONS 1 MAY 2015 Attachment A The following is a list of occupations covered by the Australia Swiss MOU for Trainees based on the skill level of the occupations in the Australian labour market as classified in the Australian and New Zealand Standard Classification of Occupations. The following list does not reflect occupations with shortages, recruitment difficulties or unmet demand in the Australian labour market and should not be referred to as such. The following list contains a number of occupations for which mandatory licensing, registration and or certification requirements apply in the Australian labour market. Employers should ensure that subclass 403 visa holders entering Australia under this MOU satisfy these mandatory requirements. Occupation ANZSCO Commodities Trader Finance Broker Insurance Broker Financial Market Dealer Futures Trader Stockbroking Dealer Financial Investment Manage Financial Investment Adviser Human Resource Adviser Recruitment Consultant ICT Trainer Training and Development Professional Actuary Mathematician Statistician Health Information Manager Records Manager Economist Land Economist Valuer Librarian Management Consultant Organisations and Methods Analyst Liaison Officer Advertising Specialist Market Research Analyst Market Specialist ICT Account Manager ICT Business Development Manager ICT Sales Representative Public Relations Professional Sales Representative (Industrial Products) Sales Representative (Medical and Pharmaceutical Products) Aeroplane Pilot Flying Instructor Helicopter Pilot

4 Master Fisher Ship's Engineer Ship's Master Ship's Officer Marine Surveyor Architect Landscape Architect Surveyor Cartographer Fashion Designer Industrial Designer Jewellery Designer Graphic Designer Illustrator Multimedia Designer Web Designer Interior Designer Urban and Regional Planner Chemical Engineer Materials Engineer Civil Engineer Geotechnical Engineer Quantity Surveyor Structural Engineer Transport Engineer Electrical Engineer Electronics Engineer Industrial Engineer Mechanical Engineer Production or Plant Engineer Mining Engineer (Excluding Petroleum) Petroleum Engineer Aeronautical Engineer Agricultural Engineer Biomedical Engineer Engineering Technologist Environmental Engineer Naval Architect Agricultural Consultant Agricultural Scientist Forester Chemist Food Technologist Wine Maker Conservation Officer Environmental Consultant Environmental Research Scientist Park Ranger Geologist Geophysicist Hydrogeologist Biochemist

5 Biotechnologist Botanist Marine Biologist Microbiologist Zoologist Medical Laboratory Scientist Veterinarian Conservator Metallurgist Meteorologist Physicist Physicist (Medical Physicist only) Exercise Physiologist Art Teacher (Private Tuition) Dance Teacher (Private Tuition) Drama Teacher (Private Tuition) Music Teacher (Private Tuition) Dietician Nutritionist Medical Laboratory Technician Medical Diagnostic Radiographer Medical Radiation Therapist Sonographer Environmental Health Officer Occupational Health and Safety Adviser Optometrist Orthoptist Hospital Pharmacist Industrial Pharmacist Retail Pharmacist Health Promotion Officer Orthotist or Prosthetist Chiropractor Osteopath Acupuncturist Homeopath Naturopath Dental Specialist Dentist Occupational Therapist Physiotherapist Podiatrist Audiologist Midwife Nurse Researcher Nurse Practitioner Registered Nurse (Aged Care)

6 Registered Nurse (Child and Family Health) Registered Nurse (Community Health) Registered Nurse (Critical Care and Emergency) Registered Nurse (Developmental Disability) Registered Nurse (Disability and Rehabilitation) Registered Nurse (Medical) Registered Nurse (Medical Practice) Registered Nurse (Mental Health) Registered Nurse (Perioperative) Registered Nurse (Surgical) Registered Nurse (Paedeatric) ICT business Analyst Systems Analyst Multimedia Specialist Web Developer Analyst Programmer Developer Programmer Software Engineer Software Tester Database Administrator ICT Security Specialist Systems Administrator Computer Network and Systems Engineer Network Administrator Network Analyst ICT Quality Assurance Engineer ICT Support Engineer ICT Systems Test Engineer Telecommunications Engineer Telecommunications Network Engineer Barrister Intellectual Property Lawyer Solicitor Drug and Alcohol Counsellor Family and Marriage Counsellor Rehabilitation Counsellor Student Counsellor Clinical Psychologist Educational Psychologist Organisational Psychologist Psychotherapist Historian Interpreter Translator Archaeologist Social Worker Community Arts Worker Recreation Officer Welfare Worker Agricultural Technician Operating Theatre Technician Pharmacy Technician

7 Pathology Collector (Australia) Chemistry Technician Earth Science Technician Life Science Technician School Laboratory Technician Hydrographer Architectural Draftsperson Building Associate Construction Estimator Plumbing Inspector Surveying or Spatial Science Technician Civil Engineering Draftsperson Civil Engineering Technician Electronic Engineering Draftsperson Electrical Engineering Draftsperson Electronic Engineering Technician Electrical Engineering Technician Mechanical Engineering Draftsperson Mechanical Engineering Technician Maintenance Planner Metallurgical or Materials Technician Hardware Technician ICT Customer Support Officer Web Administrator Radio Communications Technician Telecommunications Field Engineer Telecommunications Network Planner Telecommunications Technical Officer or Technologist Automotive Electrician Motor Mechanic (General) Diesel Motor Mechanic Motorcycle Mechanic Small Engine Mechanic Sheetmetal Trades Worker Metal Fabricator Pressure Welder Welder (First Class) Aircraft Maintenance Engineer (Avionics) Aircraft Maintenance Engineer (Mechanical) Aircraft Maintenance Engineer (Structures) Fitter (General) Fitter and Turner Fitter-Welder Metal Machinist (First Class) Textile, Clothing and Footwear Mechanic Engraver Gunsmith

8 Locksmith Precision Instrument Maker and Repairer Saw Maker and Repairer Watch and Clock Maker and Repairer Engineering Patternmaker Toolmaker Panelbeater Vehicle Body Builder Vehicle Trimmer Vehicle Painter Stonemason Carpenter and Joiner Carpenter Joiner Floor Finisher Painting trades workers Glazier Fibrous Plasterer Solid Plasterer Roof Tiler Plumber (General) Airconditioning and Mechanical Services Plumber Drainer Gasfitter Roof plumber Electrician (General) Electrician (Special Class) Lift Mechanic Airconditioning and Refrigeration Mechanic Electrical Linesworker Technical Cable Jointer Business Machine Mechanic Communicators Operator Electronic Equipment Trades Worker Electronic Instrument Trades Worker (General) Electronic Instrument Trades Worker (Special Class) Cabler (Data and Telecommunications) Telecommunications Cable Jointer Telecommunications Linesworker Telecommunications Technician Baker Pastrycook Butcher or Smallgoods Maker Cook Horse Trainer Zookeeper Shearer Veterinary Nurse Florist Arborist Landscape Gardener Greenkeeper

9 Nurseryperson Hairdresser Print Finisher Screen Printer Graphic Pre-press Trades Worker Printing Machinist Small Offset Printer Canvas Goods Fabricator Leather Goods Maker Sail Maker Shoemaker Apparel Cutter Clothing Pattern Maker Dressmaker or Tailor Upholsterer Cabinetmaker Furniture Finisher Picture Framer Wood Machinist Wood Turner Boat Builder and Repairer Shipwright Chemical Plant Operator Gas or Petroleum Operator Power Generator Plant Operator Gallery or Museum Technician Library Technician Jeweller Make Up Artist Musical Instrument Maker or Repairer Signwriter Diver Interior Decorator Optical Dispenser Optical Mechanic Plastics Technician Wool Classer Fire Protection Equipment Technician