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Monday, 12 September 2011
Page: 9837

Regional Sponsored Migration Scheme

(Question No. 441)

Mr Christensen asked the Minister for Immigration and Citizenship, in writing, on 22 June 2011:

(1) Is he aware that hospitality related supervisors, hotel managers, sail guides, outdoor activity leaders, retail shift supervisors, aged carers and other occupations in demand in the Mackay/Whitsunday Region are excluded from the Regional Sponsored Migration Scheme.

(2) Will he consider accepting exceptional circumstances applications from employers in need of skills excluded under the Regional Sponsored Migration Scheme, and waiving the Subclass 457 visa prerequisite for skill levels 3 and 4 under the PAM3 policy.

Mr Bowen: The answer to the honourable member's question is as follows:

(1) The Regional Sponsored Migration Scheme (RSMS) allows employers operating in regional and low population growth areas to sponsor skilled workers to fill full-time vacancies in their business. Applicants gain permanent residence through this scheme.

My department uses the Australian and New Zealand Standard Classification of Occupations (ANZSCO) framework to identify the skill levels required for the appointments nominated under the RSMS. The ANZSCO is skill-based and classifies all occupations and jobs in the Australian and New Zealand labour markets. Occupations are organised into five skill levels:

Skill level 1 occupations require skills commensurate with a bachelor degree or higher qualification;

Skill level 2 occupations require skills commensurate with an Australian Qualification Framework (AQF) associate degree, advanced diploma or diploma;

Skill level 3 occupations require skills commensurate with an AQF Certificate IV or an AQF Certificate III including at least two years of on-the-job training;

Skill level 4 occupations require skills commensurate with an AQF Certificate II or III;

Skill level 5 occupations are considered 'semi-skilled and require an AQF Certificate I or compulsory secondary education.

According to legislation, the work to be performed under the RSMS must warrant the appointment of a person with a qualification equivalent to an Australian diploma or higher. This means that occupations classified as skill level 1 or 2 under ANZSCO meet the RSMS skill requirement and are considered 'normal appointments'. If an occupation is classified as skill level 3 or 4, the nomination may still be approved but only if the nominating employer can demonstrate that the appointment is exceptional.

Under policy, occupations with a corresponding skill level of 5 are considered insufficiently skilled for RSMS purposes. In these cases, the Labour Agreement program is a better pathway for employers seeking to engage foreign skilled workers to fill these occupations. Where a specific labour market shortage is identified or is emerging, a company or an industry body can negotiate an arrangement with the government to bring in overseas workers to fill this shortage.

The occupations identified by Mr Christensen are classified as skill level 2, 3 or 4 in the ANZSCO framework as follows:

Occupation	ANZSCO skill level	Qualification required
Hospitality, retail and service managers (hospitality related supervisors)	2	Diploma or higher
Hotel and motel managers	2	Diploma or higher
Other sports coach (sail guide)	3	AQF IV or AQF III + 2 years work experience
Outdoor adventure guide (outdoor activity leader)	4	AQF III or AQF II
Retail supervisor (retail shift supervisor)	4	AQF III or AQF II
Aged and disabled carer (aged carer)	4	AQF III or AQF II

 

According to ANZSCO and the RSMS nomination regulations, hotel and motel managers and hospitality managers can access the program and will be considered normal appointments because they are skill level 2. The occupations of sail guides, outdoor activity leaders, retail shift supervisors and aged carers are classified as skill level 3 or 4 and their nomination may be approved if the employer can demonstrate that the appointment is exceptional.

(2) Where a business seeks to nominate a skill level 3 or 4 occupation, the employer must demonstrate that the appointment is 'exceptional' for it to be approved under RSMS. Departmental officers consider the following elements when assessing the exceptional nature of an appointment:

Whether the nominee has already gained experience working with the business in the occupation over the past two years while holding a Temporary Business Long Stay (subclass 457) visa;

How the nominated position differs from other similar positions. This could include the location of the business and related labour market challenges or the nature of the position and its importance to the continued growth of the business; and

The criteria set out in Regulation 5.19(4) of the Migration Regulations must be met.

Time spent by a nominee working in the nominated position on a subclass 457 visa serves as proof that there is a genuine need for the occupation and supports the 'exceptional' nature of the appointment under the RSMS. It also supports the view that the subclass 457 visa offers a pathway to permanent residence through the RSMS.

The subclass 457 visa is a very successful program and the one most commonly used for employers to sponsor overseas workers to work in Australia on a temporary basis. It provides streamlined entry arrangements for employers needing to fill skill shortages that cannot be met from the local labour market.

As such, removal of the subclass 457 requirement when assessing exceptional appointment for skill level 3 and 4 occupations is not being considered. Employers who cannot satisfy this requirement are encouraged to explore alternative options, such as through the subclass 457 program, labour agreements or the upcoming Regional Migration Agreements (RMAs). RMAs are a new initiative announced as part of the Budget 2011-12 and will be custom-designed for high growth regional areas where local labour is in short supply. As such, they will set out the occupations and the numbers of overseas workers needed in negotiated areas. They will also allow concessions for semi-skilled overseas workers where there is a demonstrable and critical labour need.

I would also like to advise the honourable member that my department is currently conducting a review of the permanent employer sponsored visa program, which includes the RSMS . As part of the review my department will be running a comprehensive public consultation process, which will include the release of a discussion paper . Members of the public, including the honourable member and his constituents, are encouraged to provide their feedback on the permanent employer sponsored visas programs through this process.