`The relevant instrument is fairly general, but I don't believe the training is limited to the actual nominated position only. After all, the training requirement is linked to the sponsorship, not to individual nominations/visa applications.
The business is required to show that the training that has been, and continues to be, provided to employees who are Australian citizens and Australian permanent residents is related to the purpose of the business.’
a) He states he `believes’: belief is not a statement of fact.
b) ` the training requirement is linked to the sponsorship, not to individual nominations/visa applications’: The sponsorship as would be the advertising for the positions, is linked directly to the requirement for pilots in a specified position i.e. in the case mentioned Dash 7 Captains.
c) Yes, the airlines do train pilots and it has been/is the norm, standard practice airlines to train pilots to upgrade to Captain and transition to different types.
As this is/has been standard Australian and worldwide practice it can be successfully argued that training for these positions should be considered as meeting the training requirements.
`Training Australian workers: an obligation for 457 employers
Since 1 July 2013, the
training obligation takes this a step further by requiring businesses in the programme to continue contributing to the training of Australians for the entire time they are approved as a sponsor and employ 457 visa holders.’
`The business is required to show that the training that has been, and continues to be,
provided to employees who are Australian citizens and Australian permanent residents is related to the purpose of the business.
Expenditure that can count towards this benchmark includes:
•
on-the-job training that is structured with a timeframe and clearly identified increase in the skills at each stage, and demonstrating:
- the learning outcomes of the employee at each stage;
- how the progress of the employee will be monitored and assessed;
- how the program will provide additional and enhanced skills;
- the use of qualified trainers to develop the program and set assessments; and
- the number of people participating and their skill/occupation’
BaL:
I suggest you need to fully need to state/clarify your position?
Reading through your posts you indicate you are an Australian citizen however your posts tend to indicate due to personal experience (satisfactory & unsatisfactory) you have an axe to grind with the Immigration and Border Protection Department and Australian Immigration Laws?
Therefore, you would rather see the breaking down of Australian Immigration Laws and not have Australian Citizens protected?
The 457 Visa intent and purpose is to provide for the employment of non-Australian citizens where it can be demonstrated there not any, or insufficient qualified Australian Citizens available to fill these employment positions.
The intent and purpose further qualifies Australian citizens must be given every opportunity to apply for and/or be trained for these positions.
The 457 Visa system is specifically designed to allow an employer to source workers from overseas where it can be positively established and shown such workers are not available within Australia. Additionally it should be shown training programs are in place to train qualified Australians to fill any positions.
To participate and use this system it is incumbent upon an employer to meet with specified obligations ensuring no Australian citizen is disadvantaged or the working conditions/salary are not significantly less than would/should be available to an Australian citizen.
There is no dispute or argument the 457 Visa process is a legitimate procedure; it is well understood this contributes to ensure positive growth and progress within Australian industry however, when a system is abused, attempted to be rorted or circumvented by unscrupulous employers with Australian Citizens seriously disadvantaged in their Home country it is incumbent upon the relevant Federal Government Department or regulatory authority to comprehensively, forensically investigate such industry and take full, proper, positive, prompt action.
If Australian citizens e.g. in this case pilots (including Bal), are not prepared to stand to ensuring the Parliament, their elected representatives fully protect Australian Citizens, protect Australian jobs then the total system will break down, there will be not be employment protection of any type.
An open door policy will prevail which has already demonstrated the significant disastrous economic cost.
It is your employment in peril!