client guidelines in deploying to australia

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.


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.


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.


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


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.


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.


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.

http://www.australiantrades.com/faqs.html#top


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.


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.


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


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.

mailto:%[email protected]

mailto:%[email protected]

http://www.philippineconsulate.com.au/


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.


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.

client guidelines in deploying to australia

Documents

skilled filipino workers

division of drake

overseas workers remittances

drake international

employer checklist

filipino government

recruitment of professionals

employer obligations