457 visa rorting: Workers accuse Indian IT giant Tata Consultancy Services of visa abuse

ne of India’s largest IT companies has been accused of misusing 457 visas to bring foreign workers into Australia.

Tata Consultancy Services (TCS) has IT contracts with some of the nation’s largest companies, including Qantas, Woolworths, Telstra and AGL.

Current and former employees of TCS say the company relies on foreign workers, even in areas where there are no skills shortages.

Key points

Indian IT giant Tata Consultancy Services (TCS) accused of misusing 457 visas.
TCS employs 300,000 worldwide and makes billions, with clients including Qantas, Woolworths, Telstra and AGL.
Company accused of flying in workers without advertising for Australian workers.
Immigration Minister Brendan O’Connor wants regulation to force companies to advertise locally.
Union says companies get around regulation by advertising low wages that local workers won’t take.
One worker, who wants to remain anonymous, says TCS overuses 457 visas.

“I believe it did – I was never asked to advertise for any Australians when developers were required,” she said.

Crossbench support helps 457 visa crackdown bill pass Lower House

The Federal Government’s bill to crack down on the 457 foreign worker visa scheme has passed the Lower House.

The bill passed 73 votes to 72 after the Government yesterday struck a compromise deal with crucial crossbench MPs.

A crackdown on 457 visas was announced by former prime minister Julia Gillard in March.

The new laws will force employers to do local labour market testing to prove they cannot find an Australian citizen to do the job before sponsoring an overseas worker on a 457 visa

Proposed Visa Pricing Table

From 1 July 2013, new visa pricing arrangements will take effect as part of a change to Australia’s visa pricing model. This new visa fee arrangement was first announced by the Australian Government in November 2011.

These changes form part of an overall program of initiatives, known as the Visa Pricing Transformation Program, which has introduced new visa services; a new visa pricing structure; and charges for discretionary services, such as visa labels.

The Visa Pricing Transformation Program plays a key role in progressing our provision of digital capability for enhanced services for clients.

Changes for 457 Employers from 1 Jul 2013

The Minister for Immigration, Brendan O’Connor, introduced the Migration Amendment (Temporary Sponsored Visas) Bill 2013 to Parliament yesterday.
This Bill introduces a number of important changes, most of which make life more difficult for employers seeking to sponsor for 457 visas.

Changes include:
• Labour market testing for 457 visas
• Changes to 457 work conditions
• Employer obligations to become more enforceable
• Fair Work Ombudsman to have more powers for inspection

Annual Update of Skilled Occupation List – 1 July 2013

Occupations removed from the SOL

ANZSCO Code Occupation
251511 Hospital Pharmacist
251513 Retail Pharmacist
323111 Aircraft Maintenance Engineer (Avionics)
323112 Aircraft Maintenance Engineer (Mechanical)
323113 Aircraft Maintenance Engineer (Structures)

Changes to the Temporary Graduate Visa (subclass 485) from 23 March 2013

From 23 March 2013, in response to recommendations four and eight of the Strategic Review of the Student Visa Program 2011 (the Knight Review), new post-study work arrangements will be introduced for graduates of an Australian Bachelor Degree, Masters Degree or Doctorate. The post-study work arrangements are being introduced as a new stream of the existing Temporary Skilled Graduate (subclass 485), which will be renamed the Temporary Graduate Visa (subclass 485).

Significant Investor Visa

The Australian Government has announced a new visa pathway for migrant investors coming to Australia. This visa is scheduled to commence on 24 November 2012 as a new stream within the Business Innovation and Investment (Provisional) (Subclass 188) visa and the Business Innovation and Investment (Permanent) (Subclass 888) visa.

Post-Study Work Arrangements

New post-study work visa arrangements are proposed for introduction in early 2013. Under Australia’s legislative system, regulations must be approved by the Governor-General. The information provided below explains how the Department of Immigration and Citizenship intends the post-study work arrangements to operate. This should be read as a proposed set of arrangements for the Governor-General’s consideration in due course.
More detailed advice about eligibility requirements will be made available as legislation to support the visa is put in place.