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Recently we have experienced a high volume of complaints from migration agents about "Customer Service Manager" being refused under sc457 nominations. The refusals are always due to 'non-genuine' criteria.
Reports in from RMAs state that case officers are 'assuming' things and making decisions on their own assumptions.
RMAs want better goalposts around what is and what is not considered 'genuine'. Different case officers have different opinions and there is no uniform decision making.
Perhaps if the DIBP hate approving this position so much, they can attach a skills assessment requirement to the position / applicant, the same as Project and Programme Administrator (which they hated before).
Can other RMAs please share their experiences in this regard? We intend to lobby the Minister about this.
Having faced hiccups & problems both at DIBP and Vetassess: The problem clearly lies in the ANZSCO descriptions and officers/assessors keep insisting on ALL tasks to be met in proposed position and experience and these are the controversial ones:
-ensuring operational efficiency within a call centre
-may work in a call centre
and they do not seem to care about the 2 codes under this which clearly distinguishes 2 occupations and that only ONLY of them is Call Centre specific and the above 2 tasks only count for that specific occupation code (149211) and not for occupation code 149212.
Underlying this problem is the ANZSCO code having become a bible, rather than being treated as what it is....statistical guideline, and the assessors not using common sense!
Same problems exist in Project/Contract adminitrator...in relation to tasks related clearly only to construction companies.
This is in the PAMS and might help you. I have used it successfully in the past.
[i]“Where an applicant is unable to demonstrate skills and experience in a range of tasks, case officers should consider whether or not the applicant is able to attribute 100% of their skills and experience to one of the sub-set of tasks prescribed. Whilst it is more favourable from an employer's perspective, for an applicant to possess a range of skills and experience that covers the breadth of tasks prescribed under the nominated occupation, it should not provide grounds for refusal of the applicant's application. For example, if an applicant was to nominate an occupation listed under a "not elsewhere classified" heading, it would be unreasonable to consider that the applicant possesses skills and experience in every prescribed task. Officers should also consider that some applicants will be highly skilled yet specialised in a small range of tasks rather than the range of duties. Considering this program is designed to enable employers to meet skill shortages, this degree of specialisation is acceptable for applicants for the program".
There was big rush of applications in 2011 and 2012 from clients that had 7 Eleven, news agencies and petrol stations applying for Customer Service Manager. Many of my colleagues received refusals because the position could not be justified if there was only one shop. I had one that got approved because the client had 6 outlets. I recently had to refuse a client because there is no prospect of getting Customer Service Manager approved in fast food shops with 5-6 outlets. There is note in PAM about this and anyone who says they can get it approved will be lying.
I haven't done a Customer Service Manager for some time. However, several colleagues have had refusals for this occupation. Often it is because they are trying force a square peg into a round hole. The Department appears to have a minimum size requirement for the sponsoring company, stating that employers need to be or a certain minimum size before they can justify having a CSM. I tend to agree with this. I think it is up to agents to be able to assess the likelihood of a CSM nomination getting through from the position offered and advise potential sponors accordingly.
There seem to be a lot of employers and agents who think that a CSM serves customers. They don't. They manage customer service, which is part of the strategy of keeping customers coming to their business, and is lot more than just serving customers. Large retailers like Coles and Woolworths have sponsored many CSM's without difficulty.
I agree to some extent to the case officers if the position is in a franchisee business or in a business like 7 eleven, Dominos etc. as there is no requirement of CSM in these outlets. All these nature of businesses have 1 or 2 staff at a time. Migration agents should focus on the organisation chart and nature of the business before applying for CSM.
Yes, I agree that even in other business where the CSM position is a genuine position, it is hard to get approved. May be due to subjectivity or some other reason that I don't know!!!
I am not certain that this is a position criteria issue at all. I have had several refusals of nomination applications based on "Duty statement is identical to ANZSCO" which is entirly the opposite of "not meeting ANZSCO list of tasks".
I do agree that the problem is entirely that of case officers applying personal, uneducated, inexperienced views and opinions rather than applying the law. My refused application for nomination of the same position was approved 6 weeks after the initial refusal when I made a new application for the same position and identifying the case officer's inaccurate assumptions about the company and the operation of the company.
Some case officers do not know the distinction between a company and a sole trader. These are the foundation issues of sponsorship and nomination applications.
Some case officers also make the mistake of making assessment on issues that are expressly "sponsorship application" issues and not Nomination, long after the sponsorship had been approved.
DIBP would benefit from training its case officers better and for longer period before unleashing them to make decisions as a Delegate of the Minister. I have advised the Department of my views and believe it would be worthwhile to raise them again by other Agents.
I only applied for one CSM nomination at a Crust pizza store. The business was about to open 2 more stores in a different state. It was only nomination as the applicant was a 457 holder as CSM for a busy single pizza shop.
I have seen refusal for CSM from a business having 3 IGA stores though!
I have a client's nomination of CSM refused last month. The case officer cited CSM being a project management role predominantly, and a CSM should not deal with customers directly, even though project management is nowhere to be seen in ANZSCO occupation description. The case officer also cited the size of sponsoring business not warranting the position. The case officer appeared to be overzealous in assessing the genuineness of the position and seemed to be more authoritative on how to run and structure a private business.
I currently have ENS transitional nominations lodged where clients are moving staff from approved 457 CSM positions through to permanent visas. It will be interesting to see what DIBP does with these nominations given that we are talking about franchise businesses similar to those mentioned above.
Hi there - I have been reading your comments. I have just been refused and have now sent in my appeal. I own a recruitment agency but am the client manager of a very busy agency and have been refused. They said that because I own it I am not a genuine Client Manager. I have employees that work in other departments and I only deal with our clients. Can anyone give me some advice with my appeal? I know they will come back and ask questions but should I focus more on being a call center type agency? We get a lot of calls daily for staff to work all over Sydney and have an endless list of clients. My migration agent said that I should try get a business analysis to better understand my work load on the business. I look forward to your thoughts.
Hi .. it is true that 149212 occupation is getting rejected dur to weird reasons and the care officers are actually assuming things. I have applied this year with lot of caution and an keeping my fingers crossed.
In ones of the few cases which know of , the case officer went to look for designations on there internet as the applicant was working for a multinational bank. Based on what they found on the net , they rejected there self declaration and appointment letter as well. Starting that the job is not of customer service manager. Any ideas how is it going now for this code . Appreciate a response.
I think the problem is always due to the structure of the business, its size and the reality of the need for Customer Service manager. Put simply this position is to supervise staff engaged in customer service. If the business is too small you will have a rejection. If the business does not have a number of staff engaged in customer service submit at your own peril.
If you don't believe the business needs a Customer Service manager how could you expect a case officer to believe it?
The real issue is the limited number of occupations on the list to use leaving a handful to choose from including Customer Service manager.
We have had no refusals for Customer Service managers and have one at a high salary of $181,000 granted. It is all in the logic of the position in the business. BUT we do not accept applicants who are borderline and want to go into a restaurant or pizza shop etc.
Has it been so ? I was not aware of the trend. I am about to lodge a nomination for Sub 186 for a Customer Service Manager under a temp res. transition stream. I believe the current trends relate to Sub 457 not to Sub 186. I hope an application like my current case does not have any issues in proving that the position is a genuine one.