最近MonkeyKing移民团队发现移民局内部使用的《程序指导手则》对担保企业的培训要求发生修改。
简单的说，以往对担保雇主的公司需要提供对员工不断培训的记录，如过去12个月公司所有员工工资的1%用来提供培训，并且保留好所有***和付款记录。比如甲公司有10个员工，年工资发出80万，那么需要提供8000澳元的培训费用记录。
如果公司已经运作但是没有做培训计划，也可以交2%的费用给这个行业的培训基金，但是如果行业没有这样的基金，则可以给教育机构，以造福澳洲本地公民。这种情况下甲公司就要付出16000的费用。
由 于移民局一开始对教育培训机构没有定义，于是，市场上出现了很多雇主把钱交给私人RTO的学校，并且这些RTO学校还返回部分佣金的情况，这些本来也无可 厚非，无非是合法商业行为，但是澳大利亚移民局认为费用必须100%用在培训上面，为了真正体现所有收费都用到本地人身上，造福澳洲公民，移民局规定这个 2%的费用必须是交给澳洲政府的TAFE或者大学，不可以再给私立培训学校RTO，并且澳洲公立的学校不得发放佣金给任何人。预计澳洲大学和TAFE会陆 续成立各种奖学金，以吸引更多学生。
MonkeyKing移民团队认为：企业如果有担保的需要，一定要注意平时配置一些培训计划，或者招募一些学徒工和应届毕业生，早做准备，就不需要多花费冤枉钱了！MonkeyKing移民团队每年也办理很多457雇主担保案例，如果你的企业需要优秀员工，或者你是优秀人已经有雇主或者自信很快可以找到雇主，也可以和我们联系，电话 02 9212 0099
The DIBP’s Procedures Advice Manual (PAMs) have been changed and the policy is now as follows:
46.5 Training benchmark A – industry training fund
Industry training funds are statutory authorities responsible for providing funding for training of eligible workers in certain industries. For example, some State/Territory governments have construction industry training funds established by Acts of Parliament to support the training of eligible persons in the building and construction industry such as the ACT Building and Construction Industry Training Fund that is administered under the Building and Construction Industry Training Levy Act 1999. These training funds generally source revenue through levies from businesses operating in that industry. Industry training funds operate in a range of sectors including construction and mining but are not limited to these industries. Immigration has no authority to register or establish industry training funds.
The responsibilities of an industry training fund may include, but is not limited to, paying for training provided to existing and entry level workers, and working with employers and training organisations to assist in the employment of apprentices and trainees.
If an applicant seeks to meet this requirement by demonstrating payment of the equivalent of at least 2% of payroll expenditure to an industry training fund, the applicant should be operating in the same industry as the fund. This is because the training must be related to the purpose of the applicant’s business. To meet this benchmark, applicants should provide evidence of having made these contributions, such as a receipt or letter from the industry training fund.
Note: There is no requirement that the monetary contribution made to an industry training fund directly benefits employees of the business that is making the contribution. The intention of this option is that the applicant for sponsorship contributes to the training of Australian citizens or permanent residents to meet skill needs in the industry, not necessarily in the applicant’s business. The contribution may benefit employees of their business but this is not a requirement.
To summarise, training benchmark A is available to businesses that have been trading for at least 12 months and do not have a training plan in effect for the training of their Australian citizen or permanent resident employees that is sufficient to meet training benchmark B.
Sectors where there is no statutory industry training fund operating
If there is no statutory industry training fund operating in the same sector as the applicant for approval, for the purposes of meeting Training Benchmark A, the department will accept evidence of contributions made to:
a recognised industry body who provide training opportunities or
a recognised scholarship fund operated by an Australian university or TAFE college.
Recognised industry bodies
To meet the requirements of Training Benchmark A, a recognised industry body must have established procedures in place to accept contributions towards the provision of training for Australian workers in their industry sector. Contributions received for this purpose should be quarantined for training purposes only, with no percentage of contributions being allocated to commissions.
Governance of the funds received by a recognised industry body should be administered by a committee overseen by an independent Chairperson and that includes industry representatives (employers and employees). The processes of this committee should be impartial and well documented so as to be transparent and accountable. Moneys should be allocated under established guidelines that:
allow any potential recipient involved in the industry to apply for funding
detail the application process
outline industry training priorities and
specify the attributes that need to be met for funding to be approved.
Immigration cannot endorse or advertise recognised industry bodies who accept contributions for the purposes of Training Benchmark A.
Contributions to private registered training organisations (RTOs) do not satisfy the requirements of Training Benchmark A.
Recognised scholarship funds operated by Australian universities or TAFE colleges
To meet the requirements of Training Benchmark A, the applicant can show evidence of having made a contribution to a recognised scholarship fund that is operated by an Australian university or TAFE college. The scholarship fund should support education or training for Australian citizens or permanent residents in a course related to the business of the applicant, with no percentage of the contributions being allocated to commissions.
Contributions to scholarship funds that advertise refunds to contributors on the basis of refused immigration applications may not be acceptable for the purpose of meeting Training Benchmark A. In such cases it is generally clear that the applicant does not meet the requirement that they are committing to maintaining the expenditure for the term of approval as a sponsor. However, decisions should be made on a case by case basis and officers should consider all evidence before them.
Contributions to private RTOs do not satisfy the requirements of Training Benchmark A.
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