client guidelines in deploying to australia
TRANSCRIPT
08 Fall
Guidelines in Deploying Skilled Filipino Workers to Australia
Presented by: Mike Laguesma
Consultant Drake Global Recruitment [email protected] Ph: + 63 2 753 1522 - 24 Mobile: + 63 917 862 1015
Guidelines in Deploying Skilled Filipino Workers in Australia 2
Table of Contents
Overview 3
Employer Checklist in 457 Visa Sponsorship 4
Employer Obligations 8
Employer Accreditation Procedure 11
Summary 14
DRAKE Global Recruitment is part of the Drake International group, operating
in Australia, New Zealand, Hong Kong, Singapore, the Philippines, the UK,
South Africa, Canada and the USA
The contents of this guideline are confidential and remain the property of
Drake International. Reproduction of either whole or part of this document may
only be made with written permission.
Guidelines in Deploying Skilled Filipino Workers in Australia 3
Overview
Current Situation
The growth in demand for Australia’s natural resources has led to a rapid
increase in the demand for skilled trade’s people. They are needed to work in a
wide variety of settings – offshore, in the oil and gas industries, in mining, in
construction, and fabrication shops, in heavy manufacturing and so on. In
addition to the base rise in need, the demand / supply equation has also led to
shortages with high paying employment in remote areas drawing workers away
from their original homes and work sites. Additionally there has been a decline in
new additions to the traditional “trades” areas as apprenticeship schemes have
declined and other areas of employment have been promoted
It has become obvious that certain of these skills will need to be sourced from
abroad. This has been recognized by the government and the number of skilled
migration visas increased by 20,000 this year. What industry in Australia now
needs is a competent supply source ready to meet their requirements.
In addition there have been shortages identified against many other areas –
healthcare, civil engineering, architecture and CAD work, hospitality and so on.
Drake Global Recruitment
This division of Drake was set up in January 2005 to address the increasing
needs to tap the global workforce by developed countries. Drake has been
heavily involved in recruitment of professionals from Asia to meet client demands,
especially in Europe, since 1997. Drake has been recognized by the Filipino
government both as a pioneer in offering new opportunities for professionals, and
for deploying the greatest number of professionals annually. The Philippines is in
the “Top 3” countries providing overseas workers; remittances from these
workers generate over US$14bn annually to the local economy. The country has
developed a pool of world class talent and workers from this source can be found
across Europe, in the U.S.A., throughout the Middle East, and in many Asian
countries, employed in manufacturing, hospitality, engineering, I.T., banking and
finance, medicine, shipping, retail, airlines, and commerce.
Guidelines in Deploying Skilled Filipino Workers in Australia 4
Employer Checklist: 457 Visa Sponsorship
Having decided to seek staff from overseas there is a process flow which any Australian employer needs to follow. At first glance this may seem somewhat onerous, but by and large it is a matter of collating the right documents; completing the required forms and ensuring they are sent at the right time to the right places! Drake is experienced in the process throughout and can help you along the way. Much of the work is only required at the outset. All the documentation for selected candidates is completed by Drake for you to sign off. The first stage is applying to DIAC for approval to become a sponsor. This section takes you through that process.
The Subclass 457 - Business (Long Stay) visa is designed for people who wish
to work temporarily in Australia. This visa allows applicants to work between three
months and four years for a sponsoring employer. The Subclass 457 - Business
(Long Stay) visa is restricted to people employed in skilled occupations. There
are three stages: sponsorship, nomination and visa application.
Applying for this Visa
If the employer and employee are eligible, willing and able to meet their
obligations under the visa, they can commence the 3-step application process.
Order of lodgment
The sponsorship, nomination and visa application can be lodged at the same time
or separately.
Note:
the visa application cannot be lodged before the sponsorship or nomination
The nomination cannot be lodged before the sponsorship.
Step 1 - Employer Applies to be a Sponsor
The employer must complete an application to become a sponsor. When you
apply for sponsorship you can nominate the number of positions you want to
sponsor over a maximum period of two (2) years. If you want to sponsor
additional employees after the approved number of positions have been filled or
the two (2) year period has expired; you must make a new sponsorship
application.
Guidelines in Deploying Skilled Filipino Workers in Australia 5
How to apply
Australian business sponsors can apply online, in person, by post or by courier.
Overseas business sponsors can only apply by post or by courier.
1. Complete 1196A Application Form (Online applications are also accepted)
2. Pay the Sponsorship Charge of AUD 285.
3. ASX Code or All of the following;
a. Business Registration Certificate
b. ASIC Registration Certificate
c. Company’s Publicity Material
4. Advance skills through technology or training;
a. Total number of employees in the business with breakdown of how many Australians, apprentices/graduates/trainees and sponsored employees
b. Details and evidence of training expenditure
c. Training plan and/or strategy
d. Other documents that support the application
5. Sponsorship Undertaking - This information is not necessary if the business;
a. Operates in the Government Administration industry sector
b. Listed on the Australian Stock Exchange
c. An ASX Code has been provided
d. Has more than 20 full-time employees
e. Has satisfactorily sponsored 457 Visa holders previously
f. Listed with Australian Securities & Investment Commission (ASIC)
g. ABN and ACN/ARBN has been provided
6. Other Documents;
a. Bank Statements
b. Balance Sheets
c. Profit and Loss Statements
d. Relevant extracts from your Business Plan including cash flow projections
e. Contracts
f. Lease agreements
g. Statements concerning the source of any funds
Guidelines in Deploying Skilled Filipino Workers in Australia 6
Step 2 - Employer Nominates a Position
The employer must nominate the position to be filled. The purpose of the
nomination process is to identify the:
position to be filled
Skills and experience required for the position.
To lodge a nomination the employer must have either:
already lodged a sponsorship application
had a previous sponsorship approved
Applied for sponsorship on the same form and at the same time as the nomination application.
1. Complete Form 1196B and submit. 2. Pay the Nomination Charge of AUD 60. 3. Nominate the position to be filled. 4. Indicate the skills and experience required for the position. 5. To lodge a nomination the employer must have either;
a. Already lodged a sponsorship application b. Had a previous sponsorship approved c. Applied for sponsorship on the same form and at the same time as the
nomination application
6. Sponsorship Approval Number / Sponsorship and Nomination applications lodged together at the same time
7. Job title and position as written in agreement 8. ASCO Code 9. Details of position including responsibilities, duties, qualifications, skills
and experience required. 10. Registration or Licensing 11. Details of Remuneration package (including base salary) 12. Weekly work hours and period of Employment
At this point you will not know the names of candidates you are putting forward for sponsorship; Question 46 should be answered “No” and you then proceed to complete the form as directed.
Guidelines in Deploying Skilled Filipino Workers in Australia 7
Step 3 - Employee Applies for a Visa
The employee must apply for a visa using 1066 form to be allowed to work in
Australia on a temporary basis.
To lodge a visa application the sponsorship and nomination must have been
lodged with or prior to the visa application.
Visa application charge is AUD 250.
Guidelines in Deploying Skilled Filipino Workers in Australia 8
Employer Obligations
There are a number of obligations that employers must be willing and able to meet.
The department must be satisfied that the employer is able to meet these
sponsorship obligations for both the employee and their accompanying family
members.
Employer Obligations
Must be
responsible for
costs
ensure that the cost of return travel for an employee (and
accompanying family member) is met to return them to
their home country
pay all medical or hospital expenses for an employee (and
accompanying family member) for treatment in a public
hospital (other than expenses that are met by health
insurance or reciprocal health care arrangements)
this undertaking continues until all expenses are paid
repay the Australian Government for money it spends as a
result of the employee's stay in Australia
these costs may include those relating to locating and
detaining the employee (and accompanying family
member) if they become unlawful, removing them from
Australia and processing any application that they make
for a protection visa
This undertaking continues until all costs are paid.
Guidelines in Deploying Skilled Filipino Workers in Australia 9
Must comply with
immigration laws
comply with responsibilities under Australian immigration
laws
not employ a person who would be breaking Australian
immigration laws by being employed
Ensure that the employee is paid at least the minimum
salary level that applies at the time the decision is made
on their visa.
Must cooperate
with the
department
notify the department within 5 working days after a
sponsored employee ceases to work for the sponsoring
employer
notify the department of:
any change in circumstances that may affect the
employer's capacity to honour its sponsorship
undertakings or
any change to the information that contributed to the
employer's ability to be approved as a sponsor or the
approval of a nomination
Cooperate with the department's monitoring of the
business or of any sponsored employees. This
undertaking continues until the earlier of the following.
when the employee leaves Australia and their visa ceases,
or when the employee is granted another substantive visa
When the sponsoring employer ceases to be an approved
sponsor of the employee.
Guidelines in Deploying Skilled Filipino Workers in Australia 10
Must comply with
the terms of the
nomination
Notify the department of any change in the employee's
work location (if the approval of the nomination is granted
on the condition that the employee must be working in a
particular location).
Must comply with
workplace
relations laws
comply with all relevant laws relating to workplace
relations and any workplace agreements that have been
put in place for the employee
ensure that the employee holds any licence, registration or
membership that is mandatory for the performance of their
work
make superannuation contributions required for
employees while they are employed by the business
Deduct tax instalments and make payments of tax for the
employee while they are employed by the business.
Guidelines in Deploying Skilled Filipino Workers in Australia 11
Employer Accreditation Procedure
Employers seeking to recruit from the Philippines need to undergo an accreditation
process; overseas recruitment is regulated in the Philippines by the Philippine
Overseas Employment Administration (POEA) through a series of licensed agencies
and accredited Principals. Drake has held the latter status since 1997 and has
worked through 2 licensed agencies. The required recruitment documents must be
submitted to the nearest Philippine Overseas Labour Office (POLO) at the Philippine
Embassy/Consulate for verification. This process ascertains the a) existence of the
company or project; and b) the need for Filipino manpower. All necessary
submissions in Manila will be handled by Drake and the relevant licensed agency.
For land-based principals, they should submit the following:
Special Power of Attorney or Service/Recruitment Agreement
Master Employment Contract with the minimum contract provision
Manpower Request
If there is no POLO at the jobsite the employer shall undergo the POEA accreditation
process where the local agent submits to the POEA item a, b, and c above as well as
the visa or equivalent documents.
POLO Office in AUSTRALIA:
Hon. (Mr.) VICTOR ABLAN
Labour Attaché
Philippine Centre, Level 1, 27-33 Wentworth Ave.
Sydney, NSW 2000, AUSTRALIA
Tel. No. (612) 9262 – 7377 / (612) 9283 - 0331
Fax No. (612)9262 - 7355
Guidelines in Deploying Skilled Filipino Workers in Australia 12
PHILIPPINE CONSULATE IN AUSTRALIA:
PHILIPPINE CONSULATE GENERAL
Hon. (Ms.) MARIA THERESA P. LAZARO
Consul General
Philippine Centre, Level 1, 27-33 Wentworth Ave.
Sydney, NSW 2000, AUSTRALIA
Tel. No. (612) 9262 – 7377
Fax No. (612)9262 - 7355
Email: [email protected] / [email protected]
Website: www.philippineconsulate.com.au
THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, or the POEA, is
the government’s arm that manages the migration of Filipino workers overseas. An
agency attached to the Department of Labour and Employment, the POEA has four
operating offices and a support group that systematically deliver services for the
recruitment and deployment of Filipino workers.
These offices and support group are the following:
Pre-Employment Services Office (PSO)
The PSO handles the registration or accreditation of foreign employers as
principals. It approves job orders, documents new hires or selected workers and
retuning workers through the issuance of the E-receipt or Overseas Employment
Certificate (OEC) that it issues to all legally recruited Filipino workers.
Guidelines in Deploying Skilled Filipino Workers in Australia 13
Licensing and Regulation Office (LRO)
The LRO regulates the operations of private employment and manning
agencies; conducts pre-employment orientation seminars spearheads the
government’s program against illegal recruitment; and provides airport assistance to
departing Filipino workers.
Adjudication Office (AO)
The AO hears and decides cases filed against licensed private employment
and manning agencies, foreign employers, and overseas Filipino workers (OFWs)
violating POEA rules and regulations. It carries out legal research in aid of policy
direction and case dispositions. It maintains a rosters of OFWs serving penalties for
violation of the Code of Conduct for Overseas Workers and a list of suspended,
cancelled, banned, or de-listed licensed employment agencies.
Management Services Group (MSG)
The MSG provides support to the four offices through market research and
development, employment standard formulation, policy research, and public
information and education activities. It maintains the POEA’s management
information system (MIS) and provides fiscal and administrative services.
Guidelines in Deploying Skilled Filipino Workers in Australia 14
Summary
Drake Global Recruitment provides an end to end overseas recruitment
solution and has specialized in sourcing from the Philippines. Over 7000
successful deployments since 1997 testify to this.
Working with a detailed client brief, we select appropriate candidates and also
will advise you where differentials in working practice may make a period of
more detailed induction necessary. One thing has been verified by our clients –
the new workers they have hired are all exceptionally keen to succeed in their
new environments, work hard and learn fast.
Drake follows strictly ethical recruitment practices. In a country where it is
common (and legal) to charge applicants for finding overseas employment,
Drake levies NO charges or fees to any applicant. We recruit fairly and openly
and our recommendations are based on the worker’s experience, skills and
capabilities.
Placing your overseas recruitment project with Drake ensures a professional
approach, sound and tested systems, attention to detail and a successful
outcome.