Minister of Religion industry labour agreement

Transcription

1 Minister of Religion industry labour agreement Information session October 2015

2 1 July 2015 changes From 1 July 2015, religious organisations, who wish to bring in overseas Ministers of Religion on a temporary or permanent basis, will have to be approved to sign up to the Minister of Religion industry labour agreement, before sponsoring a person for a Temporary Work (Skilled) (subclass 457) visa or lodging a nomination under the Agreement stream of the Employer Nomination Scheme (subclass 186) visa. Transitional arrangements apply to nominations and visa applications lodged prior to 1 July

3 Why the changes? There are no changes to the Temporary Work (Long Stay Activity) visa (subclass 401) Religious Stream Previous ENS/RSMS pathways were for Ministers of Religion only. They were not available for lower skilled occupations, such as Religious Assistants. Concerns that these pathways were being used for lower skilled occupations. 3

4 What is an industry labour agreement? A formal agreement between the Department and a direct employer which provides for the variation of standard immigration requirements in certain circumstances. Once an industry labour agreement is established, terms and conditions can not be further changed. 4

5 MoR industry labour agreement: key variations Variations to standard 457 and subclass 186 requirements English language salary age qualifications and experience sponsorship obligations Concessions of some standard labour agreement requirements evidence of domestic recruitment evidence of training evidence of stakeholder consultation 5

6 Who can request an MoR industry labour agreement? Must be a religious organisation: consistent with definition used by the Australian Taxation Office Direct employer - single Australian Business Number (ABN) Good standing for example no WH&S, migration or Fair Work adverse findings 6

7 Continued Who can request an MoR industry labour agreement? Australian organisation Actively operating > 12 months Financially viable statement from an independent accountant Why you need an overseas Minister of Religion Reduced reliance on overseas workers

8 MoR industry labour agreement visa subclasses Temporary Work (Skilled) visa (subclass 457) (labour agreement stream) Employer Nomination Scheme (subclass 186) either under the agreement stream through the industry labour agreement or after two years as a subclass 457 visa holder under the industry labour agreement 8

9 Occupation Ministers of Religion (skill level 1) Ordained Supporting information title of position within faith tradition duty statement a copy of an employment contract details of the ordination process 9

10 Qualifications A minimum relevant AQF bachelor degree (or equivalent overseas qualification); or A minimum five years relevant structured training or instruction Supporting evidence details of the qualifications or programme of training that will meet this criteria of the industry labour agreement 10

11 Concessions to English language requirements Concession: average IELTS 5.0 (with no minimum test score) Concessions passport country five years cumulative study directly serving the needs of an ethnic community and interaction within wider Australian community limited eg: monastic or cloistered environment 11

12 Age requirements Subclass 457 no age requirements Subclass concession to usual age requirements not more than 60 years of age or further concession may be considered where there is not a tradition of retirement within the faith tradition and where the needs of aged religious workers continue to be met by the religious organisation without recourse to the aged pension or social services 12

13 Salary Minimum salary no less than temporary skilled migration income threshold (TSMIT), unless vow of poverty required monetary and non-monetary benefits may be considered in the calculation of salary, for the purpose of meeting TSMIT Terms and conditions of employment must be no less than that provided to an equivalent Australian in the same occupation at the same location. 13

14 Information to assist Labour agreements: Information about requesting a labour agreement Information guide: Minister of Religion industry labour agreement Minister of Religion industry labour agreement: frequently asked questions Labour.agreement.section@border.gov.au 14

15 Making a request By to: labour.agreement.section@border.gov.au Must use request proforma (Attachment B) Fully complete Three month processing standard from when a complete request is received to decision No fee 15

16 What if I can t meet the requirements? Alternative subclasses? Temporary Work (Long Stay Activity) visa (subclass 401); If undertaking training, Training and Research visa (subclass 402) Trial to end 2015 Feedback to subject heading noted feedback on Minister of Religion industry labour agreement 16