How can organisations obtain independent legal advice about the proposed unpaid placement?

By making independent enquiries, as specified in the form.

What are the requirements for a nomination for an occupational trainee?

A nomination for an occupational trainee (applicable to the Training visa (subclass 407)) must be accompanied by form 1284, which acknowledges that the proposed workplace-based training is designed to assist the visa applicant to provide a cultural/social experience and/or develop skills relevant to their tertiary education, current occupation or field of study. It also acknowledges that there is no intention on the part of the organisation or the visa applicant to create an employment relationship as recognised under the law of Australia; it has been explained to the visa applicant that the placement is unpaid; and the organisation understands its obligations under Australian industrial relations laws if the visa applicant becomes an employee.

What penalties may be imposed against employers for not paying employees?

Penalties may be imposed against any employer who breaches Australian workplace relations laws by employing an employee and not paying them.

Does the Department of Home Affairs endorse the proposed placement as meeting the requirements of Australia’s workplace relations laws?

No, the Department's consideration of this visa application does not imply that the training, remuneration or other arrangements meet the requirements of Australian workplace relations laws.

What is form 1284 used for?

Form 1284 is used by Australian organisations who are sponsoring a foreign national in an unpaid placement as either an occupational trainee (under the Training visa (subclass 407)) or a special programme participant under the Temporary Activity visa (subclass 408) to indicate an understanding of the basis of the appointment and an understanding of relevant industrial laws.

What does form 1284 require the sponsor to do?

Form 1284 requires the sponsor to complete the form and sign it on behalf of the organisation. The sponsor must also confirm that the organisation has made independent enquiries and as appropriate obtained independent legal advice about the proposed unpaid placement, understands that workplace relations laws make it unlawful to employ an employee and not pay them, and agrees to cooperate with officers of the Department of Home Affairs and other Commonwealth agencies in monitoring and interviewing relevant persons at reasonable times throughout the placement.

What is the purpose of form 1283?

Form 1283 is used by the visa applicant to acknowledge that they understand that the proposed unpaid placement is designed to assist them in providing a cultural/social experience and/or developing skills relevant to their tertiary education, current occupation or field of study. It also confirms that there is no intention on the part of the visa applicant to create an employment relationship as recognised under the law of Australia.

What does form 1284 acknowledge?

Form 1284 acknowledges that the proposed workplace-based training or special programme placement is designed to assist the visa applicant to provide a cultural/social experience and/or to develop skills relevant to their tertiary education, current occupation or field of study, and it will involve the observation of tasks performed by our employees (or host employees) or the performance of tasks under close supervision of our employees (or host employees). It also acknowledges that there is no intention on the part of the organisation or the visa applicant to create an employment relationship as recognised under the law of Australia; it has been explained to the visa applicant that the placement is unpaid; and the organisation understands its obligations under Australian industrial relations laws if the visa applicant becomes an employee.

What are the obligations of the organisation under Australian industrial relations laws if the visa applicant becomes an employee?

The organisation must understand and comply with these laws.

Is remuneration required for this placement?

No, unless it is reimbursement of reasonable expenses or prize money or an allowance.

What is a special programme participant?

A person participating in a special programme, usually for cultural/social experience and skill development, under the Temporary Activity visa (subclass 408).

Who should sign this form?

A person who is authorized to make the acknowledgement on behalf of the organisation.

What is the purpose of this form?

To indicate an understanding of the basis of the appointment and relevant industrial laws by Australian organisations sponsoring a foreign national in an unpaid placement.

What type of organizations are required to complete this form?

Australian organisations sponsoring a foreign national in an unpaid placement as either an occupational trainee or a special programme participant under the Training visa (subclass 407) or Temporary Activity visa (subclass 408).

What is an occupational trainee?

A person engaged in a work placement as part of their tertiary education or current occupation, under the Training visa (subclass 407).

Form 1284 Australia

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1284 - Acknowledgement of unpaid placement - sponsor

This document is a form for Australian organizations sponsoring foreign nationals for unpaid placements under the Training visa (subclass 407) or Temporary Activity visa (subclass 408). The organizations must acknowledge their understanding of the placement's purpose, industrial laws, and lack of employment intent. They must also confirm no remuneration other than reimbursement or prize money. The form requires signature from an authorized person and submission with Form 1283 for visa application.

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Form 1284

FAQ

How can organisations obtain independent legal advice about the proposed unpaid placement?
By making independent enquiries, as specified in the form.
What are the requirements for a nomination for an occupational trainee?
A nomination for an occupational trainee (applicable to the Training visa (subclass 407)) must be accompanied by form 1284, which acknowledges that the proposed workplace-based training is designed to assist the visa applicant to provide a cultural/social experience and/or develop skills relevant to their tertiary education, current occupation or field of study. It also acknowledges that there is no intention on the part of the organisation or the visa applicant to create an employment relationship as recognised under the law of Australia; it has been explained to the visa applicant that the placement is unpaid; and the organisation understands its obligations under Australian industrial relations laws if the visa applicant becomes an employee.
What penalties may be imposed against employers for not paying employees?
Penalties may be imposed against any employer who breaches Australian workplace relations laws by employing an employee and not paying them.
Does the Department of Home Affairs endorse the proposed placement as meeting the requirements of Australia’s workplace relations laws?
No, the Department's consideration of this visa application does not imply that the training, remuneration or other arrangements meet the requirements of Australian workplace relations laws.
What is form 1284 used for?
Form 1284 is used by Australian organisations who are sponsoring a foreign national in an unpaid placement as either an occupational trainee (under the Training visa (subclass 407)) or a special programme participant under the Temporary Activity visa (subclass 408) to indicate an understanding of the basis of the appointment and an understanding of relevant industrial laws.
What does form 1284 require the sponsor to do?
Form 1284 requires the sponsor to complete the form and sign it on behalf of the organisation. The sponsor must also confirm that the organisation has made independent enquiries and as appropriate obtained independent legal advice about the proposed unpaid placement, understands that workplace relations laws make it unlawful to employ an employee and not pay them, and agrees to cooperate with officers of the Department of Home Affairs and other Commonwealth agencies in monitoring and interviewing relevant persons at reasonable times throughout the placement.
What is the purpose of form 1283?
Form 1283 is used by the visa applicant to acknowledge that they understand that the proposed unpaid placement is designed to assist them in providing a cultural/social experience and/or developing skills relevant to their tertiary education, current occupation or field of study. It also confirms that there is no intention on the part of the visa applicant to create an employment relationship as recognised under the law of Australia.
What does form 1284 acknowledge?
Form 1284 acknowledges that the proposed workplace-based training or special programme placement is designed to assist the visa applicant to provide a cultural/social experience and/or to develop skills relevant to their tertiary education, current occupation or field of study, and it will involve the observation of tasks performed by our employees (or host employees) or the performance of tasks under close supervision of our employees (or host employees). It also acknowledges that there is no intention on the part of the organisation or the visa applicant to create an employment relationship as recognised under the law of Australia; it has been explained to the visa applicant that the placement is unpaid; and the organisation understands its obligations under Australian industrial relations laws if the visa applicant becomes an employee.
What are the obligations of the organisation under Australian industrial relations laws if the visa applicant becomes an employee?
The organisation must understand and comply with these laws.
Is remuneration required for this placement?
No, unless it is reimbursement of reasonable expenses or prize money or an allowance.
What is a special programme participant?
A person participating in a special programme, usually for cultural/social experience and skill development, under the Temporary Activity visa (subclass 408).
Who should sign this form?
A person who is authorized to make the acknowledgement on behalf of the organisation.
What is the purpose of this form?
To indicate an understanding of the basis of the appointment and relevant industrial laws by Australian organisations sponsoring a foreign national in an unpaid placement.
What type of organizations are required to complete this form?
Australian organisations sponsoring a foreign national in an unpaid placement as either an occupational trainee or a special programme participant under the Training visa (subclass 407) or Temporary Activity visa (subclass 408).
What is an occupational trainee?
A person engaged in a work placement as part of their tertiary education or current occupation, under the Training visa (subclass 407).

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ABOUT

Work Forms

Form 1284 is one of application forms that are used by individuals who intend to work in a foreign country. These forms are typically required by the immigration authorities of the destination country to gather information about the individual's employment background, skills, and qualifications. The specific work forms and requirements can vary depending on the country and its immigration policies. Here are some examples of work forms in terms of immigration:

Work Visa Application Form: This is the main form used by individuals seeking to work in a foreign country. It collects personal information, details about the intended employment, the sponsoring employer or organization, and other relevant information required for the work visa application.

Employment Contract: In some cases, individuals may need to submit a copy of their employment contract as part of the work permit application. The employment contract outlines the terms and conditions of the job, including the position, salary, working hours, and other employment-related details.

Labor Market Impact Assessment (LMIA) Form: In certain countries, employers must obtain a Labor Market Impact Assessment (LMIA) to demonstrate that there is a genuine need for foreign workers to fill specific job positions. The LMIA form is completed by the employer and includes information about the job vacancy, efforts to hire local workers, and the impact on the local labor market.

Skills Assessment or Qualification Recognition Forms: Depending on the country, individuals may be required to have their skills or qualifications assessed or recognized to ensure they meet the standards required for the job. Skills assessment or qualification recognition forms collect information about the individual's educational background, work experience, and skills in relation to the specific occupation.

Proof of Employment or Job Offer Letter: Individuals applying for work visas may need to provide proof of employment or a job offer letter from the sponsoring employer. These documents typically include details about the job title, responsibilities, start date, and salary.

Work Permit Application Form: Once the work visa is approved, individuals may need to complete a separate work permit application form to obtain the official authorization to work in the country. This form may require information such as the work visa number, personal details, employment details, and any applicable fees.

Medical Examination Forms: Depending on the country and the nature of the work, individuals may be required to undergo a medical examination to ensure they meet the health requirements for working in that country. Medical examination forms collect the necessary health information and test results.

It's important to note that the specific work forms and requirements can vary significantly depending on the country, the type of work being pursued, and the immigration policies in place. It is advisable to consult the official website of the immigration authorities or seek legal advice to obtain accurate and up-to-date information regarding the necessary work forms for immigration purposes.

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