Exclusion of Certain Transport and Related Workers from the Regional Subclass 457 Program
On 30 May 2007, in response to consultations with members of the transport industry, the former Minister for Immigration and Citizenship announced the formation of a Working Group to examine the skill needs of the trucking industry. Members of the Trucking Industry Working Group were selected from across the industry, including representatives from large private trucking companies, the Australian Trucking Association, the Transport Workers Union and an expert on road traffic safety.
The Working Group presented its final report to the Minister in late March. Their report contained eight recommendations, covering a range of issues, including recruitment, training and retention strategies, road safety, anticipated future employment trends, infrastructure requirements and the special needs of the mining and infrastructure industries. The Minister has accepted all recommendations.
In light of safety concerns, and in acknowledgement that the long-term workforce issues of the transport industry require a permanent solution, which focuses on domestic recruitment, training and retention strategies, a key recommendation of the report was that access to subclass 457 visas be removed for some road transport occupations.
See: Changes to 457 visa eligibility for truck drivers
What transport occupations are excluded?
The occupations that have been removed from the subclass 457 program are:
| ASCO Code | Occupation |
|---|---|
| 7311-11 | Heavy Truck Driver* |
| 7311-13 | Furniture Removalist |
| 7313-11 | Automobile Driver |
| 7314-11 | Delivery Driver |
*Except heavy truck drivers primarily working at mining or construction sites.
What is the definition of Mining or Construction Site Heavy Truck Driver?
Mining or Construction Site Heavy Truck Driver; meaning an activity primarily** undertaken at mining or construction sites involving a significant majority of the following tasks:
- drives heavy trucks, requiring specially endorsed classes of licence, to transport bulky goods and materials, directly related to the mining or construction industries
- manoeuvres vehicles into position for loading or unloading
- assists with or carries out loading or unloading operations, using various lifting or tipping devices
- estimates weights to comply with load limitations, and ensures safe distribution of weight
- ensures goods are stowed and securely covered, to prevent loss and damage
- verifies loading documents, checks condition of goods and obtains certification of deliveries
- checks destinations of goods and determines most appropriate routes
- maintains logbooks detailing vehicle movements
- carries out minor maintenance to vehicles, and arranges major maintenance and repairs
- may transport dangerous goods, such as explosives or petroleum products.
The entry requirement for this occupation is an AQF Certificate II or higher qualification or at least 1 year’s relevant experience. Registration or licensing is required.
** Note: This exemption will only apply to heavy truck drivers primarily working on mining or construction sites and would not include heavy truck drivers who drive on public roads unless that travel is incidental to work on mining or construction sites.
Example: a heavy truck driver employed to transport mining or construction materials between regional cities is no longer eligible for a subclass 457 visa.
Are there any transport occupations that are still eligible under subclass 457?
Certain occupations within the Road and Rail Transport Drivers category and all occupations within the Mobile Plant Operators category continue to be eligible occupations for regional subclass 457 visas. The list of these occupations follows:
| ASCO Code | Occupation |
|---|---|
| 7111-11 | General Construction Plant Operator |
| 7111-13 | Bulldozer Operator |
| 7111-15 | Backhoe Operator |
| 7111-17 | Loader Operator |
| 7111-19 | Grader Operator |
| 7111-21 | Excavator Operator |
| 7111-23 | Paving Plant Operator |
| 7111-25 | Road Roller Operator |
| 7112-11 | Forklift Driver |
| 7119-11 | Agricultural and Horticultural Mobile Plant Operator |
| 7119-13 | Railway Track Repair Mobile Plant Operator |
| 7119-15 | Streetsweeper Operator |
| 7119-17 | Logging Plant Operator |
| 7312-11 | Bus Driver |
| 7312-13 | Tram Driver |
| 7315-11 | Train Driver |
When did the changes come into effect?
The changes came into effect from 1 July 2008. Drivers already in Australia under subclass 457 visa sponsorship arrangements are not affected.
I have already submitted a nomination application; what will happen to it?
The nomination fee for nominations made, but not finally determined, may be refunded provided the nominator withdraws the nomination (in writing or otherwise).
The nomination fee for an approved nomination may be refunded (generally at the nominator's request).
Nomination applications which are not withdrawn within a reasonable period will be refused and the application fee lost.
I have already submitted a visa application; what will happen to it?
The visa application charge may be refunded if a visa application is withdrawn in writing and the applicant also requests a refund in writing.
Visa applications which are not withdrawn within a reasonable period will be refused and the application fee lost.
What happens when a current visa holder’s visa expires?
That would depend on the individual circumstances of the case.
Individuals who are currently on a subclass 457 visa in one of the excluded occupations are not able to renew their visa when it expires.
However, there is a range of visa options available outside the subclass 457 visa program.
What happens if a company withdraws its sponsorship of a truck driver on a subclass 457 visa? Can that person find work at another company?
Yes, however, it would need to be at a regional mining or construction site or in another occupation, and the person would need to apply for and be granted a further subclass 457 visa.
I am already in Australia as a heavy truck driver; am I eligible to apply for permanency under the Regional Sponsored Migration Scheme?
The occupations may be eligible for the Regional Sponsored Migration Scheme if an employer can make a case for approval of the nominated position as an exceptional appointment.
Under current policy, in order for the position to be considered as an exceptional appointment, the intended nominee must have worked as a Heavy Truck Driver in regional Australia as a subclass 457 visa holder, and have been in the job for at least the preceding two years. Applicants would still need to meet all other relevant criteria.