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8107

The Department is working with the Fair Work Ombudsman to help employees and employers understand and follow Australian Workplace laws.

The Pay and Conditions Tool (PACT) provides information on pay rates, shift calculations, leave arrangements and notice and redundancy entitlements.

8107 - Work limitation: The visa held by the visa holder was granted either to allow them to be employed by a particular employer, or to undertake specific activities in Australia other than employment

Holders of a UC 457 visa (shown above as Visa class / subclass: UC / 457) must:

  • only work in the occupation and for the sponsor with the most recently approved nomination for the holder unless the visa holder's occupation is specified on a relevant instrument;
  • commence work within 90 days of arrival in Australia if the visa was granted while the holder was outside Australia, or within 90 days after the visa was granted if the visa was granted while the holder was in Australia;
    • If the visa was granted:
      • on or after 19 November 2016: must not cease employment for 60 consecutive days or more;
      • before 19 November 2016: must not cease employment for 90 consecutive days or more;
  • hold any mandatory licence, registration or membership while performing the occupation and comply with any provisions; and      
  • if the visa was granted on or after 1 December 2015, must:
    • hold the licence, registration or membership within 90 days of arrival in Australia if the visa was granted while the holder was outside Australia, or within 90 days after the visa was granted if the visa was granted while the holder was in Australia;
    • not engage in work that is inconsistent with the licence, registration or membership;
    • notify the department in writing as soon as practicable if the application for the licence, registration or membership is refused; and
    • notify the department in writing as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.

    For the holders of other visa subclasses, if the visa was granted to allow the visa holder to be employed in Australia by a particular employer, the visa holder must:

    • continue to be employed by that employer;
    • not work for any other employer;
    • not be self-employed; and
    • not undertake any work that is inconsistent with the purpose of the visa.

    For the holders of other visa subclasses, if the visa was granted to allow the visa holder to undertake specific activities in Australia other than employment, the visa holder must:

    • continue to undertake those activities;
    • not undertake any activities that are inconsistent with the purpose of the visa;
    • not be self-employed; and
    • not undertake work for another person that is inconsistent with the purpose of the visa.

    Work means activities that normally would attract a salary, whether or not it is actually received, and includes payments received "in kind" such as accommodation or products.

    The above summary is provided as information only. For the full text of the prescribed condition, please see the Regulation and refer to the conditions in place at the time of the grant of the visa.
    See the regulation.