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457 visas and Fair Work Ombudsman forms

This week a 457 business sponsor was visited at the business premises by a female asking whether the particular 457 visa holder sponsored by the business, was indeed working in the business.

The female asked for the owner, who was not there.  The female showed her business card.

The female then asked the chef, who was there, whether the 457 worker was indeed working in the business.

The chef said 'yes' [the person on a 457 visa is working there.]

The female passed a form (below) to the chef and asked the chef to pass the form to the owner to complete before the close of business the next day, and to attach the recent payslip of the 457 employee.

Normally DIBP monitoring will give 14 days for a response and will send official requests in writing.

My issue with this is that the form looks easy to forge and also looks amateur.   Note the email is to the fwo email address and not to an immi email address.

Fair-Work-and-457.pdf

 

 

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  • Guest
    Sam Hammadieh Tuesday, 19 August 2014

    hi Liana,

    I have seen this same exact thing except under different circumstances last year. In that case the applicant was sponsored under a 457 visa and within 6 months, and before he entered Australia on the visa, the sponsor notified DIBP that the position was no longer available and the applicant was fired. About 6 months later a woman visited the office of the sponsor asking the same questions and provided the same form to be completed.

    The process appeared to be legitimate but it is just another example of one hand not knowing what the other is doing when it comes to government 'bull'ocracy.

  • Guest
    Artur Stuart Legal Wednesday, 20 August 2014

    Every government form is a " legislative instrument" and as such must be approved by an appropriate Minister. Once approved, it is posted on the Comm law website. If the form does not say, "Approved legislative instrument number...." than it is not an official form, hence I would NOT disclose any information!:)

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