Australia – 457 additional Sponsorship Obligation

As of 19 April 2016 a new Subclass 457 Sponsorship Obligation commenced. 

Business sponsors must now declare that they do not engage in discriminatory recruitment practises, on the grounds of immigration status or citizenship. The sponsor will now be required to declare in writing that they will not engage in discriminatory recruitment practises. 

What does the legislation state : -  

(f) if the applicant is lawfully operating a business in Australia:
(i) the applicant has attested, in writing, that the applicant has a strong record of, or a demonstrated commitment to, employing local labour; and
(ii) the applicant has declared, in writing, that the applicant will not engage in discriminatory recruitment practices.

What is the wording of the new Sponsorship Obligation: - 

2.87 c -  Obligation not to engage in discriminatory recruitment practices 

(1) This regulation applies to a person who:

(a) is or was a standard business sponsor; and
(b) is lawfully operating a business in Australia.

(2) The person must not engage in, or have engaged in, discriminatory recruitment practices during the period of the person’s approval as a sponsor. 

(3) The obligation referred to in sub regulation (2):

(a) starts to apply on the day the person is, or was, approved as a standard business sponsor; and
(b) ends when the person ceases, or ceased, to be a standard business sponsor. 

discriminatory recruitment practice means a recruitment practice that directly or indirectly discriminates against a person based on the immigration status or citizenship of the person, other than a practice engaged in to comply with a Commonwealth, State or Territory law.

What does this mean for HR Managers?

Although no documentary evidence is required to show the Immigration Department, confirmation that sponsors do not engage in discriminatory practices will be in the form of an additional declaration when a 457 is applied for.

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AMANDA TINNER

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Berry Treffers

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