Terms and conditions no less favourable - include enterprise agreements
The requirement that the terms and conditions of employment of a person identified in a nomination will be no less favourable than those of Australian citizens or permanent residents, has now been amended to include the terms and conditions provided by an enterprise agreement under the Fair Work Act 2009.
Any nominations lodged on or after 1 December 2015 will need to ensure that if an enterprise agreement is in place for the nominated occupation within the company, that they adhere to these terms and conditions.
Labour Market Testing
Unless the Department of Immigration is satisfied that genuine labour market testing has been undertaken, they will not approve a work agreement (labour agreement). This does not apply to Minister of Religion or Religious Assistant.
Condition 8107 - Commencement of work on 457 visa
The holder of a 457 visa must commence work within 90 days after arriving in Australia or within 90 days after being granted the visa, if onshore at the time of grant. Otherwise, the visa is liable for cancellation.
Condition 8107 - Mandatory licencing, registration or membership
457 visa holders nominated for an occupation that is subject to mandatory licencing, registration or membership in the location they are employed, must hold the relevant licence, registration or membership while performing the occupation.
The visa holder must obtain the licence, registration or membership within 90 days of arrival in Australia if the visa was granted offshore or within 90 days of the visa grant if granted onshore.
If the licence, registration or membership is refused, revoked, or ceased, the 457 visa holder must notify the Department of Immigration in writing as soon as possible.