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(i) remove occupations covered by an industry labour agreement from being nominatedunder Subclass 457 Standard Business Sponsorship arrangements;
(ii) redefine certain other occupations that may be nominated under Subclass 457Standard Business Sponsorship arrangements;
(iii) clarify the methodology for calculating the level of salary for the purposesof defining the minimum salary level;
(iv) specify a new minimum salary level with respect to applicants who met thesubclause 457.223(6) exemption to the English language requirement; and
(v) provide illustrative examples to assist employers and visa holders in verifyingwhether or not the level of salary paid to the visa holder is at least the minimumsalary level.
From 10 September 2007, the Migration Regulations 1994 ( the Regulations') were alsoamended to:
clarify that a nomination by a standard business sponsor of a position in which aSubclass 457 visa holder is proposed to be employed in Australia may not be approvedif the occupation is no longer specified in a relevant Gazette Notice at the timethe nomination is decided
*clarify that a nomination by a standard business sponsor that cannot be approvedbecause the occupation has ceased to be specified in the relevant Gazette Notice maystill be approved if the nominator has become a party to a labour agreement whichcovers the nominated position
*provide that an application for a Subclass 457 visa on the basis of sponsorship bya standard business sponsor for an approved nomination may not be approved if, atthe time of decision, the occupation to which the approved nomination relates is nolonger specified in the relevant Gazette Notice
*clarify that a Subclass 457 visa that cannot be granted on the basis of sponsorshipfor an approved nomination because the occupation relevant to the nomination is nolonger specified in the relevant Gazette Notice, may still be granted on the basisof there being an approved nomination if the sponsor has become a party to a labouragreement that covers the nominated position
*provide for refunds of the nomination fee and visa application charge in certaincircumstances where approval of a nomination or visa grant is prevented due to achange in the relevant Gazette Notice
*implement a suggestion of the Senate Standing Committee on Regulations andOrdinances by inserting Notes in the Principal Regulations, as relevant, to clarifyby way of an example circumstances under which the Minister may consider itreasonably appropriate to approve an application for approval as a sponsor or anomination, although adverse information may be known about the applicant orsponsor, or the applicant or sponsor may be under investigation in relation analleged breach of an undertaking or a law of the Commonwealth or a State orTerritory.
Source: DIAC at http://www.immi.gov.au/legisla tion/amendments/lc10092007_2.h tm
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