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Are You in Compliance? Find Out BEFORE DIBP Visits Your Workplace and Fines or Sanctions You

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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. 1. Are You in Compliance? Find Out BEFORE DIBP Visits Your Workplace and Fines or Sanctions You
  2. 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. 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. 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. 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. 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. 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
  8. 8. Thank You Yangwha

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