Visa 187 RSMS contract conditions

[Vanhoo]

Hi guys,

I'm discussing a position with my employer. He has agreed to sponsor me and is initiating his paper work. However, in the offer letter he has included a Probation period of 3 months. I'm not sure if the nomination will likely be rejected if that is one of the contract conditions. Has anyone gone through the same problem and what was the outcome. Desperate for helppp !!!! Should I negotiate with him about taking that out of the contract ???

 

[barker]

7.4.4 Probationary periods

7.4.4.1 Overview

The question of probationary periods should not arise with nominations under the Temporary Residence Transition stream as nominees would have already been employed with the nominator for at least 2 years.

It is common practice in many industries for contracts to refer to a probationary period, usually a period of 3 or 6 months. This does not necessarily preclude the appointment being permanent and/or for more than 2 years.

Before deciding that the relevant requirements are satisfied, delegates must be satisfied that appointments that are subject to a probationary period will provide full-time employment.

Three examples of probationary provisions that delegates may be asked to consider are:

• A contract that specifies an initial probationary employment period of less than 2 years with the option to extend the employment by the agreement of all parties after certain conditions are met. This does not satisfy relevant requirements and delegates should advise the nominator that they should use the UC-457 visa to bring employees to Australia until such time that they are ready to commit to unqualified employment.
• A contract that specifies an employment period of 2 or more years, with the option of early termination if certain conditions are not met or if certain circumstances arise. This contract could satisfy relevant regulations.
• Some research and medical appointments that are made under statutory regulations subjecting the appointee to a probationary period within the terms of appointment. Delegates should satisfy themselves that these are permanent positions.

7.4.4.2 Unacceptable probationary provisions

The following probationary provisions would not be able to satisfy relevant regulations:

• the nominator provides 2 or more contracts for the nominated position, with one contract relating to the probationary period and the remaining contracts relating to the rest of the 2 year employment period (there must be only one contract, covering the entire 2 year period)
• the probationary period covers the whole 2 year employment period
• probationary periods of 6 months to 1 year, unless the employer can demonstrate this applies to all employees.

Employers who want to introduce probationary periods under any of the circumstances mentioned above are to be advised that they should use an appropriate temporary working visa to recruit a potential employee and seek to nominate them for permanent residence only when they are satisfied with the employee’s work performance.

7.4.4.3 Probation period in relation to academic appointments with universities

Under policy, delegates may accept employment contracts evidencing probationary periods beyond 12 months, in relation to nominations for academic appointments with universities.

Probationary periods may be up to 5 years for appointments at Level A and up to 3 years (with possible extension to 5 years) for appointments at Level B and above. (The levels in academic appointments range from Level A through to Level E, with Level E being the highest).

This policy position is based on the principle that academic probation in the context of academic appointments is distinctly different from probation in conventional usage.

Academic positions nominated by universities are covered by enterprise agreements (or similar instruments) that dictate the periods of probation. These instruments also specify procedures that provide for internal review if probation is extended or employment is ceased. In addition, despite the length of the probation period, employees would have access to Fair Work Australia, under relevant provisions of the Fair Work Act, on completion of 6 months of employment.

[Vanhoo]

Hi Baker,

Thank you for your reply. I'm applying 187 DE for an occupation from Tasmania. Do you have any ideas about whether it would be faster if the position is in Tasmania compared to other regional areas? And does your degree/ occupation  affect the speed as well ?