Employing Overseas Staff. Bernard Baxter June 2014

Transcription

1 Employing Overseas Staff Bernard Baxter June 2014

2 Department of Immigration and Border Protection (DIBP) Sponsored skilled Visa 457 Skilled Visa Non Skilled Visas 417 Visa (Backpacker)

3 ANZSCO Australia and New Zealand Standard Classification of Occupations Australian Bureau Statistics Skilled defined d Skill level assigned by ANZSCO Any occupation between skill level 1-3 is ok for skill migration program

4 Dairy Industry Occupations Dairy Cattle farmer (Skill 1) Mixed Crop and Livestock farmer (Skill 1) Agriculture Technician (Skill 2) Milking Machine Technician (Skill 1) Veterinarian (skill 1) Veterinary nurses (skill 3) Other Occupations D i C ttl F W k (Skill 5) N i Dairy Cattle Farm Worker (Skill 5) No visa available for this worker (daily operational tasks)

5 Employer Sponsored visa options Temporary Work (Skilled) 457 Regional Sponsored Migration Scheme (RSMS) 187 (permanent employment sponsored visa)

6 Subclass 457 Visa s s Skill level 1 Work in Australia for a period of up to four years Can change employers, providing the new employer is an approved sponsor Travel in and out of Australia as often as they like. Bring any eligible family members who can work and study with them in Australia Can apply for an additional 4 years.

7 How do I use the program? There are three steps to sponsoring an overseas skilled worker on a 457 Visa. 1. Sponsorship (takes about 2 3 months) Once you are approved you need to re apply again in three years time. (cost $420 as at November 2013) 2. Nomination what is the job in your business you are trying to fill (Must meet certain requirement including ANZSCO) 3. Visa Application

8 How much does the visa holder have to be paid? Market Salary Rates

9 The Temporary Skilled Migration Income Threshold (TSMIT) is a threshold which ensures that overseas workers will earn enough money to be self reliant while in Australia. The TSMIT is currently set at $53,900. This is the base pay rate and does not include allowances p y including super. They will need to pay their own health insurance and education fees for their children etc.

10 Training Benchmarks Sponsors must meet one of the following: Benchmark A Recent expenditure, by the business, to the equivalent of at least 2% of the business payroll. Payment is allocated to an industry training fund such as Dairy Australia (NCDEA). Benchmark B At least 1% of the payroll of the business, towards training of Australian citizens in the business.

11 Sponsor Obligations: Ensure equivalent terms and conditions of employment Ensure the worker participate in the nominated occupation If requested in writing, pay travel costs for sponsored persons and family members to leave Australia to their country of citizenship.

12 Sponsor Obligations continued Continue to meet training benchmark Notify the department of changes or events Keep records Provide records and information to the Minister/departments Cooperate with inspectors Pay costs incurred to locate and remove unlawful non citizen

13 Permanent Nomination Migration Scheme (Subclass 187)

14 Permanent Sponsorship Streams (options) There are three employer sponsored streams 1. Temporary Residence Transition Stream For subclass 457 visa holders (temporary visa) who have worked for their employer er in the nominated position for the last two years and the employer wants to offer them a permanent position that matches, or closely aligns with their subclass 457 occupation.

15 2. Direct Entry Stream more risk (pathway to residency to Australia) Is for applications who are in Australia and do not hold a subclass 457 visa or have not held a subclass 457 for the last two year or who are applying directly from overseas. 3. Agreement Stream not available

16 Obligation of Visa Applicant Less than 50 years of age, unless exempt Skills are not assessed they are assessed at the 457 stage Evidence of registration or licensing not required in dairying Vocational English test, unless exempt (defined out of possible score of 9 need to achieve 5) Written, speaking reading and listening (IELTS test).

17 Regional Certifying Body assessment guidelines: Genuine need for a paid employee in a business operated in a regional or low population growth of Australia Terms and conditions of employment are the same as those that would apply to an Australian citizen or Australian permanent resident performing the same work in the same location The nominated position cannot be reasonably filled from the local l labour market

18 Working Holiday (417 Visa) better known as the backpacker visa Working limitations: 6 months with one employer (per visa) A second working holiday visa may be available Does specified work For a minimum of 3 months (88 days) In a designated area of regional Australia

19 Hiring Legal Workers VEVO VEVO is free, online facility that allows an organisation to check the visa entitlements of a visa holder The most common user of the system are employers and labour supply companies to confirm a visa holders entitlement to work in Australia.

20 Department of Immigration and Border Protection contact details: National Farmers Federation Industry Outreach Officer (only until 30 June 2014) Servet Brennan Phone: au i Client Service Hotline Number:

21 Labour Agreement

22 Workforce Planning and Action Current projects Shane Hellwege

23 Farmer Feedback for Collective Action on Regional Workforce Planning and Action Transparent Career Paths for employees Needs a communication plan collaborative project Helping people in and out - Farm Transition options need to evolve Employee career path fundamentally different ownership path and Equity Path without owning land Ensure that projects and relationships result in a Win/Win situation for dairy and the community Attraction and Flexibility Job Packaging Need Role matched to employee, Reward and Recognition, Training and Work-life Balance Attitude Labour is a cost Culture and Leadership People skills and Management skills Employer HR capability needs a lift (not unique to Dairy) Job Design Farm Design 5 Communities are desirable places to live 6 Dairy is an attractive & achievable business proposition Right Numbers and Right Skills 4 to Support Dairy in the Region Farms are desirable places to work Retention What is good practice? Link to Career Pathways Data gap has been recognised through DDTT 3 Data is available to describe regional workforce needs 62% Workplaces Recruiting, 77% having difficulty Recruiting How are jobs presented do they reflect the real job? 1 Farmers can fill vacancies within an acceptable timeframe Farm Hands and Assistants are easier to find (including Filipinos and Backpackers) 2 The workforce has the skills & capabilities they need Data Strategy? Focused People Factfinder Tracking Progress/Evaluation /Prioiritisation Farm Manager Level more difficult to find Need to highlight best practice New methods of contact with prospective employees (e.g. Gumtree vs old word of mouth Using professional rural employment agencies Can t learn all you need on farm Courses available (some gaps) but often not accessible Employers reluctant to release employees off farm Larger farms = Different skill sets needed Culture Favourable environment on farm to support Learning and utilization of talent Low Apprentice %

24 Employment Starter Kit initiativei i i ESKi The law Employing someone Payroll Leave Individual flexibility agreements Termination Safety Pastoral award

25 ESKi user survey Key findings 78% of 70% respondents 60% 50% have used their 40% ESKi 30% Most useful sections (multiple selections per user) 87% of survey respondents 86% indicated 20% 10% the ESKi has 0% helped to improve their employment practices The Law Employing Someone e Payro oll Leave e l y nt Individua Flexibility Agreemen n Terminatio ty Safet Pastoral Award

26 Stepping Stones Career pathways New or current employees Stepping Up Stepping Out

27 Dairy Share Farming Model Code of Practice and Resources A i f f t f fi d An overview of features of fair and equitable arrangements and relevant Australian workplace laws.

28 Share dairy farming in Australia Model Code of Practice The industry-agreed approach to building successful share dairy farming arrangements Is the arrangement fair and affordable? Tool [1] Calculator Is it share farming from a legal perspective? p Tool [2] Test Guide What should the parties discuss? Tool [3] Checklist What should be in the written agreement? What should be in the written agreement? Tool [4] Agreement

29 Thank you