The 488 Visa is a temporary
visa for the crews of superyachts resulting
from of the Government’s 2007 election commitment to provide a temporary visa
for this growing niche of the Australian tourism market. The purpose is a
streamlined processing for this type of temporary work.
It is not to be confused with the Maritime Crew Visa, Subclass 988, which
regulates the temporary entry by sea of crew of non-military ships. The
difference is the employment on a Superyacht, which, in accordance with
Reg 1.15G, is “a sailing ship or
motor vessel that is used for sport or pleasure, does not carry cargo,
and is at least 24 metres in load line length”.
The 488 visa is granted if there are ‘no adverse
effects on the Australian labour market’ for employment or training opportunities, or conditions
of employment in accordance with section 488.213. In
other words, the DIBP needs to consider, when assessing a 488 application,
whether it would be possible for Australian citizens/permanent residents to
fill the proposed positions. In
assessing this criterion, officers will consider six factors:
- whether any proposed work could be done by an Australian
- whether there is a shortage of similarly qualified or experienced individuals in Australia
- whether an Australian should be trained up to do the proposed work over a longer period
- whether there is time to train up an Australian to do the work required
- any evidence provided by the applicant's proposed employer that they have tried unsuccessfully to hire an Australian to do the proposed work (for example, evidence of job search, training programs) and
- whether the proposed work/activities are in Australia’s interest.
Although there is no
obligation to conduct labour market testing, Superyacht sponsor applicants
could be requested to provide evidence that their business has tried
unsuccessfully to hire an Australian to do the proposed work (for example,
evidence of job search, training programs) and that the conditions of
employment of all crew are not ‘undercutting’ the Australian labour market, in
the sense that they are all consistent with Australian Fair Work
legislation.
In light of this policy
requirement, it is advisable to retain any evidence of job advertisements and
training programs the prospective sponsoring business may have carried out.
