Caveats on 457 occupations (Extra required conditions)

As at 19 April 2017, the Temporary Work (Skilled) visa (subclass 457) programme can no longer be used for the occupations listed below where the nominee’s position falls within the scope of the ‘caveat’ specified in the relevant legislative instrument. More information on the announced changes can be found in another article in our website (Please click here to read that Article). An Interim guidelines on caveats for the subclass 457 programme was released. A summary of that Guideline presented in this article.

There are three main groups of caveated occupations which are discussed below in turn:

• Group A: caveats relating to work experience only
• Group B: caveats related to regional location
• Group C: occupation specific caveats

Group A: caveats relating to work experience only

Caveats are in place for the occupations listed below which exclude their use under the standard subclass 457 programme for positions that do not require a minimum of two years relevant work experience:

Occupation	ANZSCO Code
Advertising Specialist	225111
Contract Administrator	511111
Finance Manager	132211
Graphic Designer	232411
Hairdresser	391111
ICT Project Manager	135112
ICT Support Engineer	263212
ICT Systems Test Engineer	263213
Information and Organisation Professionals nec	224999
Software Tester	261314
University Lecturer	242111

Under policy:

• two years relevant work experience should be interpreted as two years full time work experience in the same or a similar occupation;
• unless they have significant concerns about the use of the subclass 457 programme for the nominated position, officers may be satisfied that this caveat does not apply if any job advertisements/job descriptions provided specify this as a requirement, or a visa application has already been lodged and the evidence provided clearly indicates that the nominee has at least two years relevant full time work experience.

Group B: caveats relating to regional location only

Caveats are in place for the occupations listed below which exclude their use under the standard subclass 457 programme for positions that are not located in regional Australia:

Occupation	ANZSCO Code
Agricultural Technician	311111
Apiarist	121311
Aquaculture Farmer	121111
Beef Cattle Farmer	121312
Cotton Grower	121211
Crop Farmers nec	121299
Dairy Cattle Farmer	121313
Flower Grower	121212
Fruit or Nut Grower	121213
Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (NZ)	121214
Grape Grower	121215
Horse Breeder	121316
Livestock Farmers nec	121399
Mixed Crop and Livestock Farmer	121411
Mixed Crop Farmer	121216
Mixed Livestock Farmer	121317
Pig Farmer	121318
Poultry Farmer	121321
Primary Products Inspectors nec	311399
Production Manager (Forestry)	133511
Sheep Farmer	121322
Sugar Cane Grower	121217
Vegetable Grower (Aus) / Market Gardener (NZ)	121221
Wine Maker	234213

Group C: occupation specific caveats

Information is provided below on occupations to which an occupation specific caveat applies. These occupations are listed in alphabetical order.

Accountant (ANZSCO 221111)

A caveat is in place for this occupation, which excludes its use under the standard subclass 457 programme for any of the following:

• clerical, book keeper and accounting clerk positions;
• positions in businesses that have an annual turnover of less than $1M (AUD);
• positions in businesses that have fewer than five employees.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skill level 1 accountants positions only – that is, positions where the nominee will be involved in planning and providing accounting systems and services relating to the financial dealings of organisations and individuals, and advising on associated record-keeping and compliance requirements.

Animal Attendants and Trainers (NEC) (ANZSCO 361199)

A caveat is in place for this occupation which excludes its use under the standard subclass 457 programme for positions related to animal husbandry, including but not limited to positions that involve caring for livestock on a farm setting.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skill level 3 animal attendant and trainer positions only, which are responsible for teaching and training animals as opposed to simply feeding or caring for them.

Baker (ANZSCO 351111)

A caveat is in place for this occupation which excludes any of the following positions:

• related to mass or standardised production, including positions based in a franchise or factory, as opposed to specialist production;
• that involve full or partial production of food product for distribution to another location;
• that predominantly involve the use of pre-prepared food product from another location.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skilled baker positions only – that is, positions where the nominee is involved in preparing and baking bread products from scratch, as opposed to simply heating/cooking pre-prepared products or operating and/or cleaning baking machinery.

Cafe and Restaurant Manager (ANZSCO 141111)

A caveat is in place for this occupation which excludes positions in a limited service restaurant. A limited service restaurant includes, but is not limited to, the following:

• fast food or takeaway food services;
• fast casual restaurants;
• drinking establishments that offer only a limited food service;
• limited service cafes including, but not limited to, coffee shops or mall cafes;
• limited service pizza restaurants.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skill level 2 café or restaurant manager positions only – that is, leadership positions in a dining establishment that involve managerial tasks such as planning menus, organising special functions, purchasing and pricing items according to a budget and maintaining records of stock levels and financial transactions. Café and Restaurant Managers are also expected to assess the level of customer

Chefs (ANZSCO 351311)

A caveat is in place for this occupation which excludes positions involved in mass production in a factory setting and positions in a limited service restaurant. A limited service restaurant includes, but is not limited to, the following:

• fast food or takeaway food services;
• fast casual restaurants;
• drinking establishments that offer only a limited food service;
• limited service cafes including, but not limited to, coffee shops or mall cafes;
• limited service pizza restaurants.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skill level 2 chef positions only – that is, leadership positions in a dining establishment that involve managerial tasks such as planning menus, monitoring the quality of dishes, preparing and cooking food, and advising on cooking procedures. It is not appropriate for use by individuals who will actually be undertaking the role of a Cook (ANZSCO 351411) – see guidance provided below on Cooks (ANZSCO 351411).

Chief Executive or Managing Director (ANZSCO 111111)

A caveat is in place for this occupation which excludes any of the following:

• positions in businesses that have an annual turnover of less than $1M (AUD);
• positions in businesses that have fewer than five employees;
• positions that have a nominated base salary of less than $90,000 (AUD).

This caveat is designed to ensure that this occupation is not used inappropriately to nominate supervisors and managers at a lower responsibility in the organisation than would be expected for a Chief Executive or Managing Director.

Conference and Event Organiser (ANZSCO 149311)

A caveat is in place for this occupation which excludes any of the following:

• positions in businesses that have an annual turnover of less than $1M (AUD);
• positions that have a nominated base salary of less than $65,000 (AUD).

This caveat is designed to ensure that this occupation is not used inappropriately to nominate individuals whose role is in reality more closely associated with the occupation of Receptionist (General) (ANZSCO 542111) which is not on the relevant legislative instrument, or who are only involved in organising large annual or one-off conferences, as opposed to regular conferences or events.

Cooks (ANZSCO 351411)

A caveat is in place for this occupation which excludes positions involved in mass production in a factory setting and positions in a limited service restaurant. A limited service restaurant includes, but is not limited to, the following:

• fast food or takeaway food services;
• fast casual restaurants;
• drinking establishments that offer only a limited food service;
• limited service cafes;
• limited service pizza restaurants.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skill level 3 cook positions only – that is, positions in a dining establishment that involve preparing, seasoning and cooking food.

Corporate General Manager (ANZSCO 111211)

A caveat is in place for this occupation which excludes any of the following:

• positions in businesses that have an annual turnover of less than $1M (AUD);
• positions in businesses that have fewer than five employees;
• positions that have a nominated base salary of less than $90,000 (AUD).

This caveat is designed to ensure that this occupation is not used inappropriately to nominate supervisors and managers at a lower responsibility in the organisation than would be expected for a Corporate General Manager.

Corporate Services Manager (ANZSCO 132111)

A caveat is in place for this occupation which excludes any of the following:

• positions in businesses that have an annual turnover of less than $1M (AUD);
• positions in businesses that have fewer than five employees;
• positions that have a nominated base salary of less than $80,000 (AUD).

This caveat is designed to ensure that this occupation is not used inappropriately to nominate supervisors and managers at a lower responsibility in an organisation who do not control and coordinate the overall administration of organisations.

Customer Service Managers (ANZSCO 149212)

A caveat is in place for this occupation which excludes its use for any of the following positions:

• based in a front-line retail setting;
• that predominately involve direct client transactional interaction on a regular basis;
• with companies than have an annual turnover of less than $1M (AUD);
• that have a nominated base salary of less than $65,000 (AUD).

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skilled customer service manager positions only – that is, positions where the nominee will be involved in: developing and reviewing policies, programs and procedures concerning customer relations and food/services provided; planning and implementing after-sales services to follow up customer satisfaction; ensuring performance of goods purchased; and modifying and improving services provided.

Facilities Manager (ANZSCO 149913)

A caveat is in place for this occupation which excludes its use where the position:

• is not located in a commercial building or shopping centre environment; or
• predominantly involves the management of the provision of one particular service to a facility or managing one particular relationship.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme is not misused to fill non-managerial positions that could be undertaken by Australian workers. This includes positions in businesses that provide a particular service to a facility such as cleaning companies or that are based in a farm rather than a commercial location.

Farmer – various (Group 121)

A caveat is in place for occupations included in this group, which excludes its use where the position predominantly involves low skilled tasks (e.g. fruit picking or packing, feeding of livestock or animals).

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme is not misused to fill unskilled farm hand positions that could be undertaken by Australian workers.

Occupations in this group that are subject to this caveat include the following:

Occupation	ANZSCO Code
Apiarist	121311
Aquaculture Farmer	121111
Beef Cattle Farmer	121312
Cotton Grower	121211
Crop Farmers nec	121299
Dairy Cattle Farmer	121313
Flower Grower	121212
Fruit or Nut Grower	121213
Grain, Oilseed or Pasture Grower (Aus) / Field Crop Grower (NZ)	121214
Grape Grower	121215
Horse Breeder	121316
Livestock Farmers nec	121399
Mixed Crop and Livestock Farmer	121411
Mixed Crop Farmer	121216
Mixed Livestock Farmer	121317
Pig Farmer	121318
Poultry Farmer	121321
Sheep Farmer	121322
Sugar Cane Grower	121217
Vegetable Grower (Aus) / Market Gardener (NZ)	121221

Hair or Beauty Salon Manager (ANZSCO 142114)

A caveat is in place for this occupation which excludes its use for positions:

• that predominantly involve non-managerial hair dressing or beauty therapy related tasks; or
• in businesses that employ fewer than five full-time employees.

This occupation is not appropriate to fill positions that do not have responsibility for organising and controlling the operations of a hairdressing or beauty salon, or where the duties more closely align with the tasks of a Sales Assistant (General) (ANZSCO 621111), Beauty Therapist (ANZSCO 451111, or a Hair or Beauty Salon Assistant (ANZSCO 451812) that are not on the relevant legislative instrument.

Hotel or Motel Manager (ANZSCO 141311)

A caveat is in place for this occupation which excludes its use for positions which predominantly have responsibility for managing hotel or motel staff.

This occupation is not appropriate to fill where the duties more closely align with the tasks of a Hotel Services Manager (ANZSCO 431411) or a Hotel or Motel Receptionist (ANZSCO 542113).

Management Consultant (ANZSCO 224711)

A caveat is in place for this occupation which excludes its use where the position is:

• in a business that has an annual turnover of less than $1M (AUD); or
• in businesses that employs fewer than five full-time employees.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for highly skilled management positions that assist organisations to achieve greater efficiency and solve organisational problems.

Marketing Specialist (ANZSCO 225113)

A caveat is in place for this occupation which excludes its use for any of the following positions:

• based in a front-line retail setting;
• that predominately involve direct client transactional interaction on a regular basis;
• with companies than have an annual turnover of less than $1M (AUD);
• that have a nominated base salary of less than $65,000 (AUD).

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for highly skilled and specialised marketing positions that will make strategic contributions to the nominating organisation/business.

Massage Therapist (ANZSCO 411611)

A caveat is in place for this occupation which excludes its use in positions that:

• are non-full-time positions; or
• are not based in a therapeutic setting; or
• involve the provision of non-medical relaxation massage.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme is not misused to fill positions in a prostitution setting and positions where the tasks more closely align with that of a Sex Worker (ANZSCO 451813).

Mechanical Engineering Technician (ANZSCO 312512)

A caveat is in place for this occupation which excludes its use in positions that relate to mobile phone repairs.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme is not misused to fill lower-skilled positions that involve mobile phone repairs as opposed to skill level 2 positions where the nominee will be assisting in mechanical engineering research, design, manufacture, construction, operation and maintenance of machines, manufacturing equipment, mechanical installations and facilities.

Pastry Cook (ANZSCO 351112)

A caveat is in place for this occupation which excludes any of the following positions:

• related to mass or standardised production, including positions based in a franchise or factory, as opposed to specialist production;
• that involve full or partial production of food product for distribution to another location;
• that predominantly involve the use of pre-prepared food product from another location.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skilled pastry cook positions only – that is, positions where the nominee is involved in preparing and baking pastry products from scratch, as opposed to simply heating/cooking pre-prepared products or operating and/or cleaning baking machinery.

Recruitment Consultant (ANZSCO 223112)

A caveat is in place for this occupation which excludes any of the following positions:

• in businesses that have an annual turnover of less than $1M (AUD);
• in businesses that have fewer than five employees;
• that have a nominated base salary of less than $65,000 (AUD).

The standard subclass 457 programme is not considered appropriate to Human Resources Clerk (ANZSCO 599411) positions that are not listed on the relevant legislative instrument and should be able to be sourced from the local labour market.

Sales and Marketing Manager (ANZSCO 131112)

A caveat is in place for this occupation which excludes any of the following positions:

• based in a front-line retail setting;
• that predominately involve direct client transactional interaction on a regular basis;
• with companies than have an annual turnover of less than $1M (AUD);
• that have a nominated base salary of less than $65,000 (AUD).

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for highly skilled and specialised sales and marketing positions – that is, positions where the nominee will be involved in planning, directing and controlling sales and marketing activities within an organisation, as opposed to just assisting with sales or marketing related tasks.

Supply and Distribution Manager (ANZSCO 133611)

A caveat is in place for this occupation which excludes any of the following positions:

• in businesses that have an annual turnover of less than $1M (AUD);
• in businesses that have fewer than five employees;
• that have a nominated base salary of less than $65,000 (AUD).

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skill level 1 supply and distribution manager positions only – that is, positions where the nominee plans, organises, directs, controls and coordinates the supply, storage and distribution of goods produced by an organisation.

Technical Sales Representatives NEC (note: includes education sales rep) (ANZSCO 225499)

A caveat is in place for this occupation which excludes any of the following positions that:

• are based in a front-line retail setting;
• are based in a call centre and do not require a significant technical knowledge of products;
• predominantly involve selling educational courses to individual students;
• have a nominated base salary of less than $65,000 (AUD).

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skilled technical sales position only, which require specialist knowledge because of the complex products they are selling (e.g. industrial, medical or pharmaceutical goods.

Transport Company Manager (ANZSCO 149413)

A caveat is in place for this occupation which excludes any of the following:

• truck driver positions;
• fleet manager positions;
• container controller positions;
• positions in businesses that have an annual turnover of less than $1M (AUD);
• positions in businesses that have fewer than five employees.

This caveat is designed to ensure that in the context of this occupation, the subclass 457 programme continues to be used for skill level 2 transport company manager positions – that is, positions where the nominee will be involved in organising and controlling a fleet of vehicles to transport goods and passengers, rather than just assisting with clerical, sales or driving related tasks.

Source: Department of Immigration and Border Protection Interim guidelines on caveats for the subclass 457 programme released on 18 April 2017.