As a Subclass 457 Employer Sponsor, the business
must meet prescribed training benchmarks.
The Migration Regulations require that the
business must provide clear evidence that there has been, and continues
to be, adequate provision for business related training for existing employees
(Australian citizens and Australian permanent residents). This training requirement must be met for at
least three (3) years from the date of sponsorship approval, depending on the
term of your sponsorship approval (and
on the basis that the business continues to employ a subclass 457 visa holder).
This policy reflects the government’s intention to ensure that the employment
of skilled overseas workers will not prejudice any commitment and investment by
the business in providing adequate training to employees who are Australian
citizen or permanent residents.
TRAINING BENCHMARK REQUIREMENTS
Employers wishing to sponsor under the
subclass 457 visa program must demonstrate their contribution and commitment to
the training of employees who are Australian citizens and Australian permanent
residents is related to the purpose of the business.
If your
Business Has Been Trading For 12 Months or More
The Sponsor must provide evidence of
meeting one of the following training benchmarks:
Ø Training
expenditure to the level of 1% of
its payroll of Australian employees for the most recent financial year, OR failing to meet this
requirement
Ø Pay 2% of the payroll to an industry
training fund,
and a commitment, by the business, to
maintain expenditure in each fiscal year, to that level, for at least three (3)
years, depending on the term of approval of your business sponsorship.
HOW THE BUSINESS CAN PROVIDE EVIDENCE
Expenditure that can count
towards this benchmark relating to employees who are Australian citizens and
Australian permanent residents includes:
Ø Receipts
for a formal course of study for employees or for TAFE or University students
attending training in the workplace, as part of the organisational training
strategy
Ø Funding
a scholarship in a formal course of study approved under the Australian
Qualifications Framework or, for TAFE or University students, as part of the
organisational training strategy
Ø Employment
of apprentices, trainees or recent graduates on an ongoing basis in numbers
proportionate to the size of the business (please provide a copy of
Apprenticeship Agreement)
Ø Employment
of a person who trains the business’ Australian employees who are Australian
citizens and Australian permanent residents as a key part of their job (please
provide evidence of Trainer’s qualifications)
Ø Evidence
of payment of external providers to deliver training for Australian employees
Ø On-the-job
training that is structured with a timeframe and clearly identified increase in
the skills at each stage, and demonstrating:
v the learning outcomes of the employee at each
stage;
v how the progress of the employee will be monitored
and assessed;
v how the program will provide additional and
enhanced skills;
v the use of qualified trainers to develop the
program and set assessments; and
v the number of people participating and their
skill/occupation.
Nevett Ford Lawyers Melbourne can provide advice and assistance with all visa types, including the Subclass 457 visa.
