0179 SITC Pty Ltd ATF Thaker Family Trust

General information

Submitterʼs name
SITC Pty Ltd ATF Thaker Family Trust
Submitted on behalf of
Employer

About the submission

Is your organisation an Approved Sponsor for any of the following programs?
  • Temporary Work (Skilled) (Subclass 457) visa program
  • Employer Nomination Scheme (Subclass 186) visa program
  • Regional Sponsored Migration Scheme (Subclass 187) visa program
  • Labour agreements
Yes
Are you an Australian assessing authority for migration purposes?
No
Please select the industry your submission is in relation to. If required, you may select multiple industries.
Construction
Do you have a particular regional interest? If required, you may select multiple regions.
National
Regional / Rural
Victoria

Responses

1. Do you consider that occupations need to be added to the Medium and Long-term Strategic Skills List (MLTSSL)?

No

2. Do you consider that occupations need to be added to the Short Term Skilled Occupation List (STSOL)?

Yes

What occupations do you recommend should be added to the STSOL?

Please also include occupations that you propose should be moved be moved from the MLTSSL to the STSOL.

312114 Construction Estimator

Please outline the evidence or data that would support these occupations being added to the STSOL.

The most recent Skills Shortage Assessment conducted by the Department of Employment on 18 August 2017 has identified Construction Estimator (ANZSCO 312114) as having a national shortage from April 2017. The shortage is noted to have been evident across most sectors of the industry, with employers in NSW and VIC experiencing the most difficulty in securing skilled labour. Research conducted by Hays also recently identifies Construction Estimator as an occupation that is in demand.

An employer we act for SITC Pty Ltd ATF Thaker Family Trust, which is based in VIC, managed to have an AAT Tribunal decision dated 31 January 2017 overturn a visa refusal decision made by the Department of Immigration and Border Protection on the basis of the critical need to fill the position with a highly skilled Construction Estimator. However, due to Department delays in processing and the subsequent removal of the occupation from all occupation lists, the employer was left in limbo once again and had a nomination (refused on 28/07/2017) and the same AAT remitted visa (refused on 01/09/2017) refused due to the retrospective application of the legislative instrument IMMI 17/060 which sets out the occupation lists from 1 July 2017.

The occupation was inexplicably removed from both the MLTSSL and STSOL on April 2017 and not reinstated on July 2017, despite contrary evidence from the Department of Employment indicating that a national shortage had been evident since April 2017. This raises concerns about whether the DIBP had properly consulted relevant industry and given sufficient weight to the findings of the Department of Employment in determining the occupation list. The nominating employer we are representing (SITC Pty Ltd ATF Thaker Family Trust ABN 57 924 783 621) has been specifically adversely affected by the removal of the occupation and continues to suffer due its inability to employ the skilled employee it needs for the business.

3. Do you consider that occupations need to be removed from the Medium and Long Term Strategic Skills List (MLTSSSL) or the Short Term Skilled Occupation List (STSOL)?

No
Do you have any supporting material for your submission?
Yes (see attachments)

Last modified on Wednesday 17 January 2018 [40186|100366]