It was always my view, that there is no bigger or smaller half, majority means more than 50 % . Obviously I am wrong . The 457 visa legislation requires nominator to certify that the tasks or duties of the nominated occupation will include a "significant majority" of the tasks or duties described in the relevant occupation dictionary or legislative instrument .
The 457 visa compliance unit intends to sanction my client on the basis of visa holder is performing prescribed tasks and duties for approximately 80% of the employment time. That is "not enough " according to the Delegate .
Seeking explanation what this "significant majority " means, while 80 % "is not good enough " I turned to very helpful , as usually "agent's gateway " getting helpful and competent answer .
Now I know what is the definition of the "significant majority " it is for purpose of regulations 2.73(4)(b) and 2.73(4A)(b).
The "significant majority "is what "decision maker will determine" on a case by case basis .
The Delegate has power to sanction business “on case by case “ basis and delegates “determination “ meaning subjective, personal judgement often affected by bias , not on the basis of regulations (or even policy) .
Anyone got a bit more accurate interpretation of legislation in this regards? All comments will be highly appreciated.
See correspondence below :
Good morning Piotr,
There is no specific percentage, the decision maker will determine what a significant majority is on a case by case basis.
Regards,
Tammy.
457 and Sponsor Monitoring Policy Section
Skilled Migration Policy Branch
Migration and Citizenship Division
Department of Immigration and Border Protection
Blog: migrationblog.immi.gov.au
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From: Piotr Ferenc [This email address is being protected from spambots. You need JavaScript enabled to view it.
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Sent: Tuesday, 18 November 2014 2:14 PM
To: 457 Policy
Subject: WWW Form Submission
Below is the result of Agents Gateway feedback Form. It was submitted by Piotr Ferenc (This email address is being protected from spambots. You need JavaScript enabled to view it. ) on Tuesday, November 18, 2014 at 14:13:32
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message:
Under regulations 2.73(4)(b) and 2.73(4A)(b), standard business sponsors must certify that:
â ¢ the qualifications and experience of the nominee are commensurate with the qualifications and experience described in the relevant occupation dictionary or legislative instrument
and
â ¢ the tasks or duties of the nominated occupation will include a significant majority of the tasks or duties described in the relevant occupation dictionary or legislative instrument
and
â ¢ if the sponsor is an 'overseas business':
o the nominated occupation is a position in the business or
o the nominated occupation is an occupation that is exempt from this requirement
and
â ¢ if the sponsor is an Australian business:
o the nominated occupation is a position in the business or
o the nominated occupation is a position in an 'associated entity' of the business or
o the nominated occupation is an occupation that is exempt from this requirement
Under regulations 2.73(4)(c) and 2.73(4A)(c), parties to a labour agreement provide, as part of the nomination, the certification mentioned in 2.72(11)(b) or (c). A party to a labour agreement will meet this requirement if they certify that:
â ¢ the tasks or duties of the position will include a significant majority of the tasks or duties of the nominated occupation listed in the occupation dictionary, or the nominated occupation specified in the labour agreement, and
â ¢ the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in the labour agreement.
Could you please clarify what is the percentage of time spend by visa holder performing tasks and duties of a nominated position that satisfies "significant majority of the tasks or duties described in the relevant occupation dictionary or legislative instrument"? Does 60% , 70% or 80 % of the time spent on prescribed activity constitute "significant majority "?