The DIBP is free to visit your workplace, interview your workers and request extensive documentation from your business, to include pay records among other documents. Are you in compliance? Listed below are some of the common areas that are scrutinised:
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Are You in Compliance? Find Out BEFORE DIBP Visits Your Workplace and Fines or Sanctions You
1. Are You in Compliance? Find
Out BEFORE DIBP Visits Your
Workplace and Fines or
Sanctions You
2. Keep your 457 visa workers sponsorship in compliance. Are you
employing 457 workers? Whether you work with Yangwha Australia
or not we are available to consult with you on compliance issues. In
July of 2013 the previous government administration substantially
raised fees for the various applications required to employ 457
workers. This includes the sponsorship, nomination and visa
applications. A large part of the fee increase has been specifically
directed to increase the number of DIBP (Department of Immigration
and Boarder Protection) enforcement officers and audits.
3. The DIBP is free to visit your
workplace, interview your workers
and request extensive
documentation from your
business, to include pay records
among other documents. Are you
in compliance? Listed below are
some of the common areas that
are scrutinised:
4. • Crimes Legislation Amendment (Slavery, Slavery-like Conditions and
People Trafficking)
Act 2013, AKA ―The Slavery Law‖ (full text here).
• Did your workers subsidise or pay your recruitment costs? The
DIBP is getting more and more specific on these requirements. The
costs that a worker can bear are very limited under Australian
law. This recently passed legislation specifically addresses
recruitment, to wit: 270.7 Deceptive recruiting for labour or services
and the penalty:
• (a) in the case of an aggravated offence (see section 270.8)—
imprisonment for 9 years; or
• (b) in any other case—imprisonment for 7 years.
• DIBP will ask for your recruitment invoices. What costs did your
workers pay?
5. Working in nominated category-are your 457 workers employed
in their nominated category? If nominated as a welder, they must
be working as a welder. If nominated as a draftsman, they must be
working as a draftsman. DIBP officers will specifically ask your
employees-what will they say?
6. Pay issues-are the mandated pay levels being
met? Are you in compliance with overtime regulations
based on the DIBP’s standard 38 hour week?
Which company are they working for? In many cases
you may be operating more than one business entity. Is
the worker under the correct sponsorship? Or, are they
―associated entities‖ per the definition of the
Commonwealth Consolidated Acts Corporations Act
2001? The definition is here:
7. CORPORATIONS ACT 2001 – SECT 50AAA
If they are associated entities are you managing your
payroll in compliance?
These are a few of the areas you need to pay attention to
in order to remain in compliance, in our
experience. Violations can result in fines, a temporary
suspension of your sponsorship or revocation of your
sponsorship.
Give us a call and we will be happy to go over these
issues with you