Industrial News: November 2009

Changes to 457 Visas – implications for nursing

Positive changes have recently been introduced to the 457 sponsored visa program by the Department of Immigration and Citizenship (DIAC). These changes follow 12 months of consultation between DIAC and its stakeholders, including the ANF and other unions. They are aimed at reducing exploitation and achieving equal terms and conditions for 457 visa holders working in Australia, while not undermining local training and employment opportunities.

The key changes affecting nurses are:
• Market rates. Employers will be required to provide nurses on 457 visas the same terms and conditions as other nurses they employ. This change affects those granted visas after 14 September immediately, and those with existing visas from 1 January 2010.
• Transfer of employer. A nurse no longer needs to obtain a new visa to change employer, they only need to be nominated by a new employer and comply with the conditions of their contract regarding giving notice.
• Employer Obligations. The Worker Protection Act 2008 introduces a number of obligations upon the employers of 457 visa holders. The most relevant to nursing are:
— An employer is obliged to pay the return airfare of a nurse and his/her family if they return home at the end of their employment/visa.
— An employer cannot recoup the costs of recruitment from a nurse.
• Health Insurance. Any nurse granted a visa after 14 September 2009 will need to hold private health insurance. For nurses with visas granted before 14 September, the employer remains liable for costs incurred at a public hospital. A nurse may choose to hold health insurance to cover any gaps not covered by the public hospital system as per an Australian citizen.

The points above are general information only. If a 457 visa holder wishes to discuss their specific situation they can speak with DIAC on 131 881 at any time. The ANF can also assist 457 visa holders who are members in their negotiations with their employers.

Information about the changes to the 457 visa is available online at:
http://www.immi.gov.au/skilled/skilled-workers/sbs/how-the-visa-works.htm

And a full outline of the employer’s obligations at:
http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employer.htm

Nick Blake
ANF Senior Federal Industrial Officer