Terms of Reference

Framework and operation of subclass 457 visas, Enterprise Migration Agreements and Regional Migration Agreements

Terms of Reference

The current framework and operation of subclass 457 visas, Enterprise Migration Agreements and Regional Migration Agreements, including:

(a) their effectiveness in filling areas of identified skill shortages and the extent to which they may result in a decline in Australia's national training effort, with particular reference to apprenticeship commencements;
(b) their accessibility and the criteria against which applications are assessed, including whether stringent labour market testing can or should be applied to the application process;
(c) the process of listing occupations on the Consolidated Sponsored Occupations List, and the monitoring of such processes and the adequacy or otherwise of departmental oversight and enforcement of agreements and undertakings entered into by sponsors;
(d) the process of granting such visas and the monitoring of these processes, including the transparency and rigour of the processes;
(e) the adequacy of the tests that apply to the granting of these visas and their impact on local employment opportunities;
(f) the economic benefits of such agreements and the economic and social impact of such agreements;
(g) whether better long-term forecasting of workforce needs, and the associated skills training required, would reduce the extent of the current reliance on such visas;
(h) the capacity of the system to ensure the enforcement of workplace rights, including occupational health and safety laws and workers' compensation rights;
(i) the role of employment agencies involved in on-hiring subclass 457 visa holders and the contractual obligations placed on subclass 457 visa holders;
(j) the impact of the recent changes announced by the Government on the above points; and
(k) any related matters.



For further information, contact:

Committee Secretary
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone:+61 2 6277 3560
Fax:+61 2 6277 5794
Email:legcon.sen@aph.gov.au

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