CFMEU not pleased with Abbott government's new Labour Market Testing system

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Created on Monday, 25 November 2013 16:22

Written by Editorial staff

The Construction Forestry Mining and Energy Union (CFMEU) is not terribly pleased with the Abbott government's new-and-improved Labour Market Testing system.

CFMEU National Assistant Secretary Dave Noonan called it a "cruel hoax on Australian workers" in a November 20 statement.

"These 457 Labour Market Testing rules show the Abbott government is not serious about protecting the job rights of young Australians," he explained.

However, the Department of Immigration and Border Protection is standing by its decision.

Assistant Minister for Immigration and Border Protection, Senator the Hon. Michaelia Cash, remains adamant the 457 visa program will act as "a supplement to, and not a substitute for Australian workers," which means Mr Noonan's worries are unfounded.

The Labour Market Testing system outlined by the Abbott government on November 15 is a far cry from that proposed by Labor.

It's rules and regulations around advertising vacant positions in Australia before enlisting skilled migrant workers are much less restrictive, for a start, which is fantastic news for both businesses and those looking to apply for immigration visas under the 457 visa program alike.

The new legislation allows businesses to place advertisements on Facebook and company websites, and there is currently no minimum amount of time these need to be "live".

Mr Noonan said the CFMEU has called for 28 days to be standard.

In addition to this, such advertisements can be placed any time in the 12 months preceding a business's decision to nominate a skilled migrant worker.

While Mr Noonan scathingly commented that "this means employers can use job ads placed in November 2012 to justify their bid for 457 visa workers in November 2013," it does take a lot of unnecessary pressure off businesses.

Finally, employers will no longer be required to keep extensive records of any local candidates who apply for advertised positions.

The old Labour Market Testing system made it compulsory for all businesses to compile detailed information about Australian candidates and describe why they had not been successful in gaining the position.

A total of 70,000 people are expected to apply for 457 visas within the next 12 months. If you're one of them, you may want to get in touch with a migration agent to discuss your options.

Australian migration agents can provide you with expert advice on 457 visas and the Labour Market Testing system and how you and your business can utilise them.