KEY DATES AND REFERENCES
Commenced	1 Aug 2013
Signed	1 Aug 2013
Status	Not in force

 

 

JD_Directions499-58Direction No. 58 - Exercise of powers by fair work inspectors

JD_legend_current_maPop02059DIRECTION NO. 58

JD_legend_current_maPop02060DIRECTION UNDER SECTION 499

 

Exercise of powers by fair work inspectors

 

PREAMBLE

This Direction gives guidance to Fair Work and Fair Work Building Industry Inspectors, who may exercise powers pursuant to section 140UA of the Act. 

 

THEREFORE I, Tony Burke, Minister for Immigration, Multicultural Affairs and Citizenship, hereby give the following direction pursuant to section 499 of the Act.

 

1.  This direction may be cited as Direction no. 58.

2.  This direction applies to Fair Work and Fair Work Building Industry Inspectors who may exercise powers pursuant to section 140UA of the Act.

3.  In exercising their powers under the Act, Fair Work and Fair Work Building Industry Inspectors are to focus on monitoring compliance with the following sponsor obligations in relation to the Temporary Work (Skilled) - Standard Business Sponsorship Visa (Subclass 457):

a.  the obligation to ensure equivalent terms and conditions of employment under Regulation 2.79 of the Migration Regulations 1994 (the Regulations) and in particular the requirement that sponsors ensure that subclass 457 visa holders are receiving at least the same salary as that which was approved at nomination;

b.  the obligation to ensure the primary sponsored person works or participates in the nominated occupation performing duties consistent with the relevant ANZSCO code occupation approved at nomination as required by Regulation 2.86 of the Regulations, and

c.  the obligation to cooperate with inspectors under Regulation 2.78 of the Regulations.

 

DATE OF EFFECT

4.  This Direction has effect from the date of signature.

 

Date:    1 August 2013

 

 

TONY BURKE

Minister for Immigration, Multicultural Affairs and Citizenship