Call 1300 619 977

New 457 Restrictions | Occupation Restrictions

VisaOne
21 April, 2017

[vc_row][vc_column][vc_column_text]Below are some of the new restrictions introduced by the Department of Immigration in line with the Prime Minister’s announcement on the 18th of April.

The following restrictions are effective from the 19th of April onwards for all new and pending 457 nominations and visa applications.

 

Accountant (ANZSCO 221111)

Accountants cannot be nominated under the following circumstances:

  • performing clerical, book keeper and accounting clerk duties
  • positions in businesses with an annual turnover of less than AUD$1,000,000 (1 Million Dollars)
  • positions in businesses with less than five employees

This restriction limits nominations for skill level 1 accountant positions only (which means a position where applicants will be involved in planning and providing accounting systems and services in relation to the financial dealings of organisations and individuals, including advising on related record-keeping and compliance criteria).

Note: Accountants can still perform other duties outside of the ANZSCO definition. However, in order to meet the requirements, the Department of Immigration expect applicants to be spending very little time performing other tasks outside the ones listed in ANZSCO.

This occupation is not intended to fill positions where the majority of duties refer to skill level 4 positions such as Accounts Clerk (ANZSCO 551111), Bookkeeper (ANZSCO 5512111), Cost Clerk (ANZSCO 551112) and Payroll Clerk (ANZSCO 551311).

 

Animal Attendants and Trainers (NEC) (ANZSCO 361199)

Animal Attendants and Trainers cannot be nominated under the following circumstances:

  • For animal husbandry, including but not limited to work that involves caring for livestock on a farm setting

This restriction limits nominations for skill level 3 animal attendant and trainer positions only, which are responsible for teaching and training animals as opposed to simply feeding or caring for them.

This occupation cannot be used for positions wherein majority of the duties are similar to those performed by ANZSCO unit group 8415 Livestock Farm Workers and 8416 Mixed crop and livestock farm workers.

 

Baker (ANZSCO 351111)

Bakers cannot be nominated under the following circumstances:

  • Performing mass / standardised production, such as positions in a franchise or factory, instead of specialist production
  • Any production of food products that will be distributed to a different location
  • Mainly include the use of food products prepared in advance from a different location

This occupation cannot be used for positions wherein majority of the duties are similar to those performed by Food Trades Assistants NEC (ANZSCO 851299) or Kitchenhand (ANZSCO 851311).

 

Cafe and Restaurant Manager (ANZSCO 141111)

Cafe and Restaurant Managers cannot be nominated under the following circumstances:

  • fast food or takeaway food services;
  • fast casual restaurants;
  • drinking establishments that offer only a limited food service;
  • limited service cafes including, but not limited to, coffee shops or mall cafes;
  • limited service pizza restaurants.

A Café or Restaurant Manager must take on the role of a leader which involve tasks such as menu planning, organisation of special events, following a budget for purchases and item pricing, managing finances and monitoring stocks. Café and Restaurant Managers must also be able to measure customer satisfaction and be in charge of recruitment, training and supervision of the staff.

Note: Cafe or Restaurant Managers can still perform other duties outside of the ANZSCO definition. However, in order to meet the requirements, the Department of Immigration expect applicants to be spending very little time performing other tasks outside the ones listed in ANZSCO.

This occupation is not intended to fill positions where the majority of duties refer to skill level 4 positions such as Café Worker (ANZSCO 431211) and Waiter (ANZSCO 431511).

 

Chefs (ANZSCO 351311)

Chefs cannot be nominated under the following circumstances:

  • fast food or takeaway food services
  • fast casual restaurants
  • drinking establishments that offer only a limited food service
  • limited service cafes including, but not limited to, coffee shops or mall cafes
  • limited service pizza restaurants

This position is only to be used for a chef with skill level 2. This means that the nominee must take on the role of a leader in the dining establishment which involve tasks menu planning, overseeing the quality of the dishes, preparing and cooking food, and advising on cooking procedures.

Note: Chefs have a diploma or higher qualifications and a certain number of years of work experience. Apprentice Chefs are excluded from this unit group in ANZSCO and are included in the Cook unit group.

 

Chief Executive or Managing Director (ANZSCO 111111)

Chief Executive or Managing Director cannot be nominated under the following circumstances:

  • the company involved has an annual turnover of less than $1M (AUD)
  • the company consists of less than five employees
  • the base salary of the nominated position is lower than $90,000 (AUD)

This occupation cannot be used to nominate positions such as supervisory roles or managerial roles with lower responsibilities in the organisation.

 

Conference and Event Organiser (ANZSCO 149311)

Conference and Event Organiser cannot be nominated under the following circumstances:

  • the company involved has an annual turnover of less than $1M (AUD)
  • the base salary of the nominated position is lower than $65,000 (AUD)

This occupation cannot be used to nominate the position of Receptionist (General) (ANZSCO 542111), or positions that are only required for large conferences that only happen annually or for one-time events.

 

Cooks (ANZSCO 351411)

Cooks cannot be nominated under the following circumstances:

  • fastfood or takeaway food services
  • fast casual restaurants
  • drinking establishments that offer only a limited food service
  • limited service cafes
  • limited service pizza restaurants

This occupation can only be used for positions under the skill level 3 which involves the task of preparation and cooking food in dining establishments.

This occupation is not intended to fill positions where the majority of duties refer to Fast Food Cooks (ANZSCO 851111), Food Trades Assistants NEC (ANZSCO 851299) and Kitchenhands (ANZSCO 851311).

 

Corporate General Manager (ANZSCO 111211)

Corporate General Manager cannot be nominated under the following circumstances:

  • the company involved has an annual turnover of less than $1M (AUD)
  • the company has less than five employees
  • the base salary of the nominated occupation is lower than $90,000 (AUD)

This occupation is not intended to fill supervisory and managerial roles with lower responsibilities expected from a Corporate General Manager.

 

Corporate Services Manager (ANZSCO 132111)

Corporate Services Manager cannot be nominated under the following circumstances:

  • the company involved has an annual turnover of less than $1M (AUD)
  • the company has less than five employees
  • the base salary of the nominated occupation is lower than $80,000 (AUD)

This occupation is not intended to fill supervisory and managerial roles which are not involved in the control and coordination of the overall administration of the organisation.

 

Customer Service Managers (ANZSCO 149212)

Customer Service Managers cannot be nominated under the following circumstances:

  • involved in a front-line retail setting
  • mainly involve a regular direct interaction with clients for transactions
  • the company has an annual turnover of less than $1M (AUD)
  • the base salary of the nominated occupation is lower than $65,000 (AUD)

This occupation must only be used customer service manager positions wherein the performs tasks such as: development and review of policies, programs and procedures with regards to customer relations and food/services provided, planning and implementation of after-sales services to check on customer satisfaction, ensuring quality of purchased goods and modification and improvement of services offered.

A Customer Service Manager would be expected to perform duties relevant within large business operation such as complex client interactions and would not be involved with the general administration and operations of the organisation.

This occupation is not intended to fill positions wherein the majority of duties refer to Retail Manager (ANZSCO 142111) or Retail Supervisor (ANZSCO 621511).

Note: The only possible exception to the restrictions above is when a company is setting up stores in Australia for the first time and hence may require an experienced manager (with their brand) to manage the store for launch operations. This will be considered on a one off basis.

 

Facilities Manager (ANZSCO 149913)

Facilities Managers cannot be nominated under the following circumstances:

  • the facility is not located in a commercial building or shopping centre environment or
  • duties mainly involve the management of provisions of one particular service to a facility or management of one particular relationship

Example: a position in charge of solely managing the cleaning contract for a facility, and other contracts involving the facility

This occupation is not intended to fill non-managerial roles that can be performed by Australian employees. This includes positions that provide a specific service to facilities such as a cleaning companies or companies based in a farm and not a commercial location.

 

Farmer (Various)

This occupation cannot be used for a positions mainly involved with low-skilled tasks such as fruit picking, fruit packing and feeding of animals.

This occupation is not intended to fill positions where the majority of the duties are to similar tasks performed by General Farm Hands (841611) or Crop Farm Workers nec (ANZSCO 841299).

Farmer Occupations

 

Hair or Beauty Salon Manager (ANZSCO 142114)

Hair or Beauty Salon Managers cannot be nominated under the following circumstances:

  • mainly involve non-managerial tasks such as hair dressing or beauty therapy
  • the company has less than five full-time employees.

This occupation is not intended to fill positions wherein majority of the duties refer to Sales Assistant (General) (ANZSCO 621111), Beauty Therapist (ANZSCO 451111, or a Hair or Beauty Salon Assistant (ANZSCO 451812).

 

Hotel or Motel Manager (ANZSCO 141311)

This occupation cannot be used for positions which mainly involves the management of hotel or motel staff.

This occupation is also not intended to fill positions wherein majority of the duties are similar to those performed by a Hotel Services Manager (ANZSCO 431411) or a Hotel or Motel Receptionist (ANZSCO 542113).

Note: This restriction does not rule out positions that mainly involve being responsible for the organisation and control of hotel or motel operations, which may have minor duties related to staff management.

 

Management Consultant (ANZSCO 224711)

Management consultants cannot be nominated under the following circumstances:

  • the company involved has an annual turnover of less than $1M (AUD) or
  • the company has less than five full-time employees

This occupation must only be used for high skill level managerial positions that provide assistance to organisations to obtain greater efficiency and find solutions to issues within the organisation.

 

Marketing Specialist (ANZSCO 225113)

Marketing Specialists cannot be nominated under the following circumstances:

  • involved in a front-line retail setting
  • mainly involve regular direct interactions with a client to process transactions
  • the company involved has an annual turnover of less than $1M (AUD)
  • the base salary for the nominated occupation is lower than $65,000

This occupation must only be used for marketing positions with a high level of skill and specialisation to enable them to make contributions relevant to the organisation's strategies.

This occupation is not intended to fill positions wherein majority of the duties are similar to those performed by ANZSCO Unit Group 6113 – Sales Representatives.

 

Massage Therapist (ANZSCO 411611)

Massage Therapists cannot be nominated under the following circumstances:

  • part-time positions, or
  • not based in a therapeutic setting, or
  • involves the provision of non-medical relaxation massage

This occupation is not intended to fill positions wherein majority of the duties are similar to those performed by a Sex Worker (ANZSCO 451813).

Under policy, a therapeutic setting is a facility that offers services related to the healing of
disease, as opposed to relaxation services. Positions that are:

  • not based in a therapeutic setting are likely to include positions assigned to a spa, shopping malls or a
    prostitution setting or,
  • based in a therapeutic setting are likely to include positions assigned to a clinic offering therapeutic
    massage, physiotherapy and/or chiropractic care

Under policy, a non-medical relaxation massage is provided for the purpose of client's relaxation. A therapeutic massage must be performed by a health care professional, with qualifications to assist with health needs and goals, in order to alleviate any injury or pain, or reduce the impacts of participation in sports competitions. Such professionals may schedule multiple appointments with a patient and provide exercise programs that can be continued at home.
Mechanical Engineering Technician (ANZSCO 312512)

This occupation is not intended to fill lower-skilled positions that involve repair of mobile phones. The nominee must perform skill level 2 duties such as providing assistance in mechanical engineering research, design, manufacture, construction, operation and maintenance of machines, manufacturing equipment, mechanical installations and facilities.

 

Pastry Cook (ANZSCO 351112)

Pastry Cooks cannot be nominated under the following circumstances:

  • involves mass or standardised production, which includes positions based in a franchise or factory, instead of specialist production
  • involve full or partial production of food product to be distributed to a different location
  • mainly involve the use of food product prepared in advance from a different location

This occupation must only be used for skilled pastry cook positions where the nominee performs tasks such as
preparing and baking pastry products from scratch, instead of simply heating or cooking pre-prepared products or operating and/or cleaning baking equipment.

This occupation is not intended to fill positions wherein majority of the duties are similar to those performed by a Pastry Cook’s Assistant (ANZSCO 851211), Food Trades Assistants nec (ANZSCO 851299) or Kitchenhand (ANZSCO 851311).

 

Recruitment Consultant (ANZSCO 223112)

Recruitment Consultants cannot be nominated under the following circumstances:

  • the company involved has an annual turnover of less than $1M (AUD)
  • the company has less than five employees
  • the base salary of the nominated position is less than $65,000 (AUD)

This occupation is not intended to fill positions wherein majority of the duties are similar to those performed by a Human Resources Clerk (ANZSCO 599411) such as maintenance and update of personnel records, processing employment applications and sending advice about application results.

 

Sales and Marketing Manager (ANZSCO 131112)

Sales and Marketing managers cannot be nominated under the following circumstances:

  • based in a front-line retail setting
  • mainly involve regular direct interactions with a client to process transactions
  • the company involved has an annual turnover of less than $1M (AUD)
  • the base salary for the nominated position is lower than $65,000 (AUD)

This occupation must only be used used for sales and marketing positions with a high level of skill and specialisation. These involves tasks such as planning, directing and controlling sales and marketing activities of an organisation, instead of just providing assistance with sales or marketing tasks.

This occupation is not intended to fill positions wherein majority of the duties are similar to those assigned to ANZSCO Unit Group 6113 – Sales Representatives.

Note: ANZSCO also specifically excludes ICT Business Development Managers from this occupation.

 

Supply and Distribution Manager (ANZSCO 133611)

Supply and Distribution Managers cannot be nominated under the following circumstances:

  • the company involved has an annual turnover of less than $1M (AUD)
  • the company has less than five employees;
  • the base salary for the nominated occupation is lower than $65,000 (AUD)

This occupation must only be used for supply and distribution manager positions under skill level 1 which involves tasks such as the planning, organisation, direction, control and coordination of the supply, storage and distribution of goods.

This occupation is not intended to fill positions wherein majority of the duties are similar to those performed by ANZSCO unit group 5911 Purchasing and Supply Logistics Clerks under the skill level 4.

 

Technical Sales Representatives NEC (note: includes education sales rep) (ANZSCO 225499)

Technical Sales Representatives cannot be nominated under the following circumstances:

  • based in a front-line retail setting
  • based in call centres and are not required to have significant technical product knowledge
  • mainly involve sales of educational courses to individual students
  • the base salary of nominated occupation is lower than $65,000 (AUD)

This occupation must only be used for positions that require specialist knowledge of the complex products being sold such as industrial, medical or pharmaceutical goods.

This occupation is not intended to fill positions wherein majority of the duties are similar to those performed by ANZSCO Unit Group 6113 – Sales Representatives.

 

Transport Company Manager (ANZSCO 149413)

Transport Company Manager cannot be nominated under the following circumstances:

  • truck driver positions;
  • fleet manager positions;
  • container controller positions;
  • positions in businesses that have an annual turnover of less than $1M (AUD);
  • positions in businesses that have fewer than five employees.

This occupation must only be used for transport company manager positions under skill level 2. This involves tasks such as organisation and control of a fleet of vehicles for transportation of goods and passengers.

This occupation is not intended to fill positions with duties related to small scale delivery operation with limited employees who are not requirement to have significant managerial experience.

Additional assessment may then be warranted if the officer has concerns that a significant amount of the
nominee’s time will be spent on administrative support tasks (e.g. maintaining records of incoming outgoing
goods, preparing goods for despatch, arranging for despatch and collection of goods) or driving vehicles,
rather than organising and controlling the operations of an enterprise that operates a fleet of vehicles to
transport goods and passengers.

 


 

To find out more about the 457 changes, please read our article release about the new changes:

457 Abolished | The Real Changes That Will Affect You Now

If you require professional assistance with your matter, please email us at solutions@VisaOne.com.au. Due to the sudden nature of the announcement made regarding the 457 visa program, you may experience 1-2 business days of delay in our response to your enquiry.

If you have an urgent case matter which requires immediate intervention and you wish to engage us to professionally assist with your case, please call us on 1300 61 99 77 (or +61 7 3181 5588) and clearly describe your situation (such as your occupation, the status of your application and any other problems you require immediate assistance with).[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_custom_heading text="It doesn't cost you to know your options" font_container="tag:h1|text_align:center|color:%23288bd0" google_fonts="font_family:Lato%3A100%2C100italic%2C300%2C300italic%2Cregular%2Citalic%2C700%2C700italic%2C900%2C900italic|font_style:700%20bold%20regular%3A700%3Anormal" css=".vc_custom_1493284229331{margin-bottom: 0px !important;}"][vc_row_inner][vc_column_inner width="1/2"][ult_buttons btn_title=" 1300 619 977" btn_align="ubtn-center" btn_size="ubtn-large" btn_title_color="#333333" btn_bg_color="" btn_hover="ubtn-fade-bg" icon="Defaults-phone" icon_size="32" icon_color="#288bd0" btn_icon_pos="ubtn-sep-icon-at-left" btn_border_style="solid" btn_color_border="#ff8200" btn_border_size="0" btn_radius="3" el_class="ubtn123" css_adv_btn=".vc_custom_1493284369687{margin-top: 10px !important;margin-right: 0px !important;margin-bottom: 0px !important;margin-left: 0px !important;padding-top: 0px !important;padding-right: 0px !important;padding-bottom: 0px !important;padding-left: 0px !important;}" btn_font_style="font-weight:bold;" btn_font_size="desktop:34px;" btn_line_height="desktop:34px;"][/vc_column_inner][vc_column_inner width="1/2"][ult_buttons btn_title="FREE VISA ASSESSMENT" btn_align="ubtn-center" btn_size="ubtn-large" btn_title_color="#ffffff" btn_bg_color="#ff8200" btn_hover="ubtn-fade-bg" btn_bg_color_hover="#ff9b30" btn_title_color_hover="#ffffff" icon_size="32" btn_icon_pos="ubtn-sep-icon-at-left" btn_border_style="solid" btn_color_border="#ff8200" btn_border_size="0" btn_radius="5" el_class="sg-popup-id-2" css_adv_btn=".vc_custom_1493284465384{margin-top: 10px !important;margin-bottom: 0px !important;}" btn_font_style="font-weight:bold;" btn_font_size="desktop:20px;" btn_line_height="desktop:20px;"][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]

Leave a Reply

Your email address will not be published. Required fields are marked *

ABOUT US

FIND US ON:

CONTACT US

PHONE:

Australia: 1300 619 977
International: +61 7 3181 5588

HEAD OFFICE:

Level 27 Santos Building, 32 Turbot St, Brisbane QLD Australia 4000
crossmenu