Blewyn Posted May 2, 2014 Share Posted May 2, 2014 If you're on a 457 and you're made redundant, as part of the process you employer (as for any employee) must consult with you and try to find another role within the organisation. If it's a multinational, are they allowed to offer overseas positions ? Or does it have to be in Australia ? When made redundant, does the 457 expire 1 month after termination, or 1 month after notice is given ? If your 457 expires and you still have a lease on a house/flat, what options are open to you with regard to staying in Australia to make use of it ? Can you fly out then back in again on a tourist visa and stay at your rented apartment until the lease expires ? (assuming tourist visa lasts longer) Quote Link to comment Share on other sites More sharing options...
Blewyn Posted May 2, 2014 Author Share Posted May 2, 2014 If you're a secondary applicant on a 457 and you get a job, can you transfer your 457 to the new employer as a primary applicant (assuming you satisfy all the criteria as a primary) ? Quote Link to comment Share on other sites More sharing options...
Blewyn Posted May 3, 2014 Author Share Posted May 3, 2014 Hey guys help me out here, I need this advice Quote Link to comment Share on other sites More sharing options...
blossom Posted May 3, 2014 Share Posted May 3, 2014 You posted in the wrong section. I'll move it to migration where you will get more answers. :-) Quote Link to comment Share on other sites More sharing options...
blossom Posted May 3, 2014 Share Posted May 3, 2014 Right. First off, you have 90 days to sort something out now, not 28. It is from when immigration write to you. That can take a while even if they are informed ASAP (you and your employer have a responsibility to tell them). As a secondary applicant you can't transfer the job to you. You can apply for your own though. Renting, you are most likely going to have to break the lease. Have a look at your contract to see what this entails. Normally you pay for advertising and rent until someone new is found. Immigration don't always issue tourist visas if you have just come off another visa, probably why they have upped it to 90 days to sort yourself out. Quote Link to comment Share on other sites More sharing options...
ali Posted May 3, 2014 Share Posted May 3, 2014 I don't know if they can offer you a different position on a 457 visa as you're employed specifically for a role that they could not fill from overseas. They are obligated I believe to pay your flight costs back. Quote Link to comment Share on other sites More sharing options...
Rupert Posted May 3, 2014 Share Posted May 3, 2014 Comments in red. If you're on a 457 and you're made redundant, as part of the process you employer (as for any employee) must consult with you and try to find another role within the organisation. If it's a multinational, are they allowed to offer overseas positions ? Or does it have to be in Australia ? I really don't understand this question. Why would Australian immigration or even Australian law have any say in whether a company offers you a country in a different country? Of course if it is in a different country, then you need a visa for that country not Australia. When made redundant, does the 457 expire 1 month after termination, or 1 month after notice is given ? It is 90 days notice now, from whenever immigration deem which is likely to be when they are notified. Note that you and the employer have a duty to notify them. If your 457 expires and you still have a lease on a house/flat, what options are open to you with regard to staying in Australia to make use of it ? Can you fly out then back in again on a tourist visa and stay at your rented apartment until the lease expires ? (assuming tourist visa lasts longer) You would probably look to break the lease. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted May 3, 2014 Share Posted May 3, 2014 Agree with Rupert, will just add that there is no requirement for the company to put you in another role or assist you any further other than to pay your flight from Oz to your home country - they only have to pay an economy class ticket and with the most economical flight available before the 90 day period expires. They are not required to relocate personal effects. If they want to send you somewhere else in the world, that is up to them and nothing to do with immigration in Oz as long as you are out of the country before the 90 days expires Quote Link to comment Share on other sites More sharing options...
Blewyn Posted May 3, 2014 Author Share Posted May 3, 2014 Any company making a person redundant in Australia must first search for a suitable alternative position within the organisation, in consultation with the employee. My question was whether an overseas position could be offered as evidence of having conducted a search as per requirement under Australian law. Interesting point about the flight - so the company can decide it wants to fly you out on the first day after termination, and refuse to pay for a flight on the day you visa expires ? Quote Link to comment Share on other sites More sharing options...
Rupert Posted May 3, 2014 Share Posted May 3, 2014 Any company making a person redundant in Australia must first search for a suitable alternative position within the organisation, in consultation with the employee. My question was whether an overseas position could be offered as evidence of having conducted a search as per requirement under Australian law. Interesting point about the flight - so the company can decide it wants to fly you out on the first day after termination, and refuse to pay for a flight on the day you visa expires ? People are not made redundant, only positions can be made redundant. I have never heard that a company needs to provide evidence of having looked for a new position and I have been involved in a lot of redundancies over the last two years. In any case, it would be pretty easy to say we looked but don't have anything. I am not sure why you are barking up this tree. Why don't you actually explain what it is you are after instead of making us guess. Quote Link to comment Share on other sites More sharing options...
Blewyn Posted May 3, 2014 Author Share Posted May 3, 2014 Not sure why you're taking this tone, maybe I'll get a more helpful answer elsewhere. Quote Link to comment Share on other sites More sharing options...
Rupert Posted May 3, 2014 Share Posted May 3, 2014 Not sure why you're taking this tone, maybe I'll get a more helpful answer elsewhere. I am taking this tone because you seem to be wanting to drip feed your story. First it sounded like you want to take a job outside Australia, now you seem to want advice on employment law and redundancy. Just spit it out if you want some help and stop wasting people time whilst we up try to guess what the issue really is. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted May 3, 2014 Share Posted May 3, 2014 Any company making a person redundant in Australia must first search for a suitable alternative position within the organisation, in consultation with the employee. My question was whether an overseas position could be offered as evidence of having conducted a search as per requirement under Australian law. Interesting point about the flight - so the company can decide it wants to fly you out on the first day after termination, and refuse to pay for a flight on the day you visa expires ? on a 457 visa you have very little employment rights - a company decides they don't need or want you anymore they can cancel the nomination part of the visa - as stated above their only legal obligation is to pay for flights for you to leave Australia. If you lose your job and want to stay in Australia you require a new company to take over the 457 visa obligation, by nomination you for a new position. Quote Link to comment Share on other sites More sharing options...
obie81 Posted May 3, 2014 Share Posted May 3, 2014 I have recently been in the same position. I came over on. 457 visa in November, from the beginning, I wasn't being paid on time or properly, and having days unpaid even when I was working. I wasn't paid any superannuation and it was clear the company couldn't afford me. I was given a pay cut to just $800 a week before tax (with no written warning)which when I pointed out was a breach of visa conditions I was told that I had to hand my notice in but first request 4 weeks unpaid leave. The company led me to believe that this was in my favour to increase the time I had to look for another job. I refused to hand in my notice so was made redundant that day. They wouldn't pay me any notice period as they said the wage cut was notice of my redundancy. I had to wait 4 weeks for any annual leave entitlement to be paid to me. I now have another job and a nomination has been submitted, however immigration have said it may take up to 3 months to process. I am desperate to work I haven't worked for 6 weeks, I have next to no money and no way of earning any. To add to the irony the company I was with re advertised my role and recruited on a part time basis, they also have never told immigration that I have been maderedundant and when I ask immigration about this and make complaints I am told nothing can be done. The 457 was definitely a huge mistake for me I do wish I had gone down the PR route to begin with. Quote Link to comment Share on other sites More sharing options...
dxboz Posted May 3, 2014 Share Posted May 3, 2014 Obie and Blewyn you should contact the Fair Work Ombudsman - good luck! https://www.fairwork.gov.au/ArticleDocuments/2221/FWO-fact-sheet-DIAC-457-visas.pdf.aspx?Embed=Y Quote Link to comment Share on other sites More sharing options...
obie81 Posted May 3, 2014 Share Posted May 3, 2014 Obie and Blewyn you should contact the Fair Work Ombudsman - good luck! https://www.fairwork.gov.au/ArticleDocuments/2221/FWO-fact-sheet-DIAC-457-visas.pdf.aspx?Embed=Y Thanks dxbox I already have done, to no effect. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted May 3, 2014 Share Posted May 3, 2014 You have few rights on a 457 unfortunately. By it's very nature the visa is for short term contract work max 4 years, so not intended for permanent re location. It is designed for employers to fill gaps until local people can be trained/ found or whilst the volume of work exceeds normal capacity. it is not designed for people to migrate permanently, although there is the transition stream. unfortunately it can be the only way in for some but they usually have a plan to get PR. i don't think anyone means to be rude but it always helps us to advise if you give a bit of background and ask specific questions. For example are you on a 457 now under threat of redundancy or is this a hypothetical question? Quote Link to comment Share on other sites More sharing options...
dxboz Posted May 4, 2014 Share Posted May 4, 2014 Obie I don't know what age you are but if you are under 30 you could go offshore and apply for a working holiday visa until your 457 comes through Quote Link to comment Share on other sites More sharing options...
obie81 Posted May 4, 2014 Share Posted May 4, 2014 Obie I don't know what age you are but if you are under 30 you could go offshore and apply for a working holiday visa until your 457 comes through Im 33, I've explored all possibilities to be allowed to work, apparently I just have to wait whether that means I wait homeless and food less is no concern of immigration. I truly wish I'd gone down the PR route to begin with. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 4, 2014 Share Posted May 4, 2014 All workers employers in Australia have several basic rights, which include annual leave entitlement, superannuation, notice of termination, redundancy pay, etc. Being on a 457 doesn't remove these entitlements, and hopefully the Fair Work Ombudsman will help although getting blood from a stone (depending on the status of the employer) is sometimes an issue. Quote Link to comment Share on other sites More sharing options...
dxboz Posted May 4, 2014 Share Posted May 4, 2014 Im 33, I've explored all possibilities to be allowed to work, apparently I just have to wait whether that means I wait homeless and food less is no concern of immigration. I truly wish I'd gone down the PR route to begin with. Obie I have sent you a pm Quote Link to comment Share on other sites More sharing options...
Joebloggs Posted May 4, 2014 Share Posted May 4, 2014 Any company making a person redundant in Australia must first search for a suitable alternative position within the organisation, in consultation with the employee. My question was whether an overseas position could be offered as evidence of having conducted a search as per requirement under Australian law. If you are there on a 457 then it's to do a particular job, a job the employer find it hard to fill because of skill shortage. The whole point to 457 is like a skill tap that can be turned on and off when required, if your position is no longer required then the employer has the right to turn you off like a tap. If they have another position within the company then they can nominate you for that position (assuming you are capable/qualified to do so ) otherwise you could find another employer. Quote Link to comment Share on other sites More sharing options...
Joebloggs Posted May 4, 2014 Share Posted May 4, 2014 I just have to wait whether that means I wait homeless and food less is no concern of immigration. Why would it ....you are there to a do a job, if the jobs gone then so is the reason for being in the country. As long as immigration have enforced it then they have done their job correctly. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 4, 2014 Share Posted May 4, 2014 The 457 is definitely a risky visa to get. There is no guarantee of PR at any point, and if your position is made redundant, you can't work for anyone unless they successfully nominate you. It's a visa people should take only with their eyes wide open. DIBP makes the conditions of the visa extremely clear. Quote Link to comment Share on other sites More sharing options...
dodgy Posted May 4, 2014 Share Posted May 4, 2014 The 457 visa can be a very flimsy visa,When i came here originally and wanted to stay i paid an agent $5500 and the applications was submitted, i got a grant email on the Friday for the 457 visa and turned up for work on the monday to be told the company was in the hands of the receivers and no job to come to must of been the shortest 457 on record.I have friends who this visa has worked for but not recommended for families unless the company is big and stable. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.