Selbständing arbeiten in Australien als Architekt, Ingenieur oder Handwerker ist extrem schwierig. Für fast alles braucht man eine Lizenz. Sind hier noch andere Hürden bekannt, als die hier aufgeführten (z.B. nur australische Zeugnisse gelten für die Beantragung einer Lizenz)?
The services sector in Australia is highly regulated. Licensing and residency requirements limit the ability of foreign services providers to conduct business (e.g. engineering, architectural and trade). The lack of transparency and constantly changing policies associated with government regulations and decision-making processes in Australia negatively affect the market for foreign services.
While manufactured exports face mainly border protection in the form of tariffs, services also face
non-transparent barriers. These are just as effective as tariffs and are much more difficult to identify as trade barriers.
At present these opaque barriers become obvious only when foreign service providers attempt to sell their services in Australia. If they have to rely on this random, one-at-a-time way of discovering their presence in the markets, the services industries will always struggle to enter the Australian market.
There seems to be a movement towards less visible protectionist measures especially on the state government level. Discriminatory practices in the form of local content requirements have recently being reinforced at state-level (Victoria, New South Wales). For example by way of trade licensing and obligatory insurance policies in NSW which make it difficult for new construction companies to enter the market.
1 Professional services in New South Wales
1.1 Are engineers and architects allowed to provide services?
Architects and most engineers can work for an Australian company when they have a valid work Visa. However they need local, state wide Licences to run their own business.
architects.nsw.gov.au/register-architects/getting-registered
engineersaustralia.org.au/about-us/program-accreditation#AP2
1.2 Can they sign off the projects or do they need local counterpart to sign it off?
No, an Australian licence/registration number is required to sign off.
1.3 Is it possible to get a foreign qualification recognised?
Yes, but to get a licence additional local work experience (usually 1 – 2 years) is required.
Experience shows that German qualifications are usually assessed lower than actually issued.
A master of engineering would become a bachelor of engineering and a bachelor would be assessed as engineering technologist. A lower graded qualification is usually insufficient for the foreign service provider to apply for a licence in Australia.
1.4 Is it possible to get the required state license to work independently?
The local work experience requirement is an extreme barrier for foreign service providers to get an Australian license. Foreign service providers usually do not have local experience. To get their own license they need an Australian licensed referee to sign of current referee statements.
This policy rises a conflict of interest, because the local competitor has to sign the foreign service providers referee statements. In this way the local competitor decides about the fate of the foreign service provider.
For example a NSW builders licence.
Local work experience requirements for licensing means:
• 2 years practical experience in a wide range of building construction work
• Significant changes in what is eligible practical experience have been made in the last 2 years, rendering previous collected referee statements invalid.
◦ Change 1: New referee statements cannot be signed by a licensed architect any more
◦ Change 2: On new referee statements experience must be made on a NSW construction site exclusively.
• referee statements have to be signed by a state licence holder, usually your competition.
• The current referee statements do not contain a description of the work experience in writing. Instead the assessing case officer will call the referee (competition) and ask him verbally about the applicant’s work experience
The 2 years practical experience requirement is visible to every applicant.
Other requirements are obscure one-at-a-time discoverings (e.g. Applicant can’t collect referee statements. He must always apply on the newest form making old referee statements obsolete. OR Work experience is only valid when gained on a New South Wales construction site, signed by a NSW builder).
fairtrading.nsw.gov.au/ftw/Tra…lifications/Building.page
1.5 Are there problems with movement of natural persons?
Are there problems with movement of natural persons, i.e. hiring foreign companies to do the subcontracting and posting workers to fulfil those contracts, problems hiring foreign management, specific problems relating to entry rules (visas, work permits)?
In regards of trades people working in the construction industry, on the 1 July 2013 the reform of the 457 working visa was introduced.
After 1 July 2013 - The condition will require Subclass 457 visa holders to have sought to obtain within 28 days any mandatory registration, licence or membership for their occupation in the state or territory they are employed.
immi.gov.au/skilled/changes-457-program.htm
Effectively it is not possible to employ trades people, because they would need to be able to get valid license to get the visa approved, because most of the licensing applications require Australian state restricted work experience.
2 Construction services
2.1 Are there limitations on construction projects undertaken by foreign companies?
Yes, for residential construction in New South Wales with a contract of $20,000 and more a Home Warranty Insurance is required.
A significant issue for NSW builders is that the NSW Home Warranty Insurance Scheme effectively operates as a de facto licensing scheme.
The Home Warranty Insurance Fund (HWIF), in practice, can effectively determine whether a licensed builder can or cannot undertake residential building work, irrespective that the builder’s licence grants the builder to perform residential work as prescribed by the Home Building Act (HBAct).
A new foreign builder would have conditional eligibility which restricts the number, size and value of residential projects allowed to be undertaken. Many builders will need to undergo an Eligibility Profile Change to enable them to expand the type, value and number projects to be undertaken. This process takes time and has an associated cost in the preparation of financial statements to support the requested profile change.
Furthermore, there is dislocation between licensing and home warranty eligibility in regard to whether the insurer considers a licensee is competent to undertake residential building work, of which they are effectively entitled to do as a consequence of being issued a builders trade licence.
The concerning issue is a process whereby a builder is assessed as competent to undertake residential building work as part of the statutory licensing process, however the same builder can be prevented from undertaking certain residential work based on the judgement of a person with whom their expertise is insurance related. It could therefore be questionable if such a person is suitably qualified to
form a judgement on a builders technical ability or experience.
Importantly, a statutory review and appeal process to the Administrative Decisions Tribunal exists for licensing decisions made by NSW Fair Trading, however there is no such appeal process for an ‘insurance” decision whether a builder is considered competent or experienced to perform certain work
for which home warranty eligibility or a certificate of insurance is being sought.
homewarranty.nsw.gov.au/portal…pt/community/a%3Bhome/255
The foreign investment review boar restricts the properties which can be bought by foreign controled entities.
firb.gov.au/content/real_estate/real_estate.asp
2.2 Trade licensing
All trades people need a licence to work in Australia. It is a requirement to have a valid licence to work for yourself OR to work as an employee.
fairtrading.nsw.gov.au/ftw/Tra…_building_licensing.page?
In addition to the state licensing system, there are often other non transparent local government licensing restrictions. There is often no formal defined licensing application process in place, instead there is the personal assessment of a local public servant. E.g. licensing requirements to install solid fuel heater in the Blue Mountains City Council
bmcc.nsw.gov.au/download.cfm?f…29F-26E0-D98D03999BD8926F
The services sector in Australia is highly regulated. Licensing and residency requirements limit the ability of foreign services providers to conduct business (e.g. engineering, architectural and trade). The lack of transparency and constantly changing policies associated with government regulations and decision-making processes in Australia negatively affect the market for foreign services.
While manufactured exports face mainly border protection in the form of tariffs, services also face
non-transparent barriers. These are just as effective as tariffs and are much more difficult to identify as trade barriers.
At present these opaque barriers become obvious only when foreign service providers attempt to sell their services in Australia. If they have to rely on this random, one-at-a-time way of discovering their presence in the markets, the services industries will always struggle to enter the Australian market.
There seems to be a movement towards less visible protectionist measures especially on the state government level. Discriminatory practices in the form of local content requirements have recently being reinforced at state-level (Victoria, New South Wales). For example by way of trade licensing and obligatory insurance policies in NSW which make it difficult for new construction companies to enter the market.
1 Professional services in New South Wales
1.1 Are engineers and architects allowed to provide services?
Architects and most engineers can work for an Australian company when they have a valid work Visa. However they need local, state wide Licences to run their own business.
architects.nsw.gov.au/register-architects/getting-registered
engineersaustralia.org.au/about-us/program-accreditation#AP2
1.2 Can they sign off the projects or do they need local counterpart to sign it off?
No, an Australian licence/registration number is required to sign off.
1.3 Is it possible to get a foreign qualification recognised?
Yes, but to get a licence additional local work experience (usually 1 – 2 years) is required.
Experience shows that German qualifications are usually assessed lower than actually issued.
A master of engineering would become a bachelor of engineering and a bachelor would be assessed as engineering technologist. A lower graded qualification is usually insufficient for the foreign service provider to apply for a licence in Australia.
1.4 Is it possible to get the required state license to work independently?
The local work experience requirement is an extreme barrier for foreign service providers to get an Australian license. Foreign service providers usually do not have local experience. To get their own license they need an Australian licensed referee to sign of current referee statements.
This policy rises a conflict of interest, because the local competitor has to sign the foreign service providers referee statements. In this way the local competitor decides about the fate of the foreign service provider.
For example a NSW builders licence.
Local work experience requirements for licensing means:
• 2 years practical experience in a wide range of building construction work
• Significant changes in what is eligible practical experience have been made in the last 2 years, rendering previous collected referee statements invalid.
◦ Change 1: New referee statements cannot be signed by a licensed architect any more
◦ Change 2: On new referee statements experience must be made on a NSW construction site exclusively.
• referee statements have to be signed by a state licence holder, usually your competition.
• The current referee statements do not contain a description of the work experience in writing. Instead the assessing case officer will call the referee (competition) and ask him verbally about the applicant’s work experience
The 2 years practical experience requirement is visible to every applicant.
Other requirements are obscure one-at-a-time discoverings (e.g. Applicant can’t collect referee statements. He must always apply on the newest form making old referee statements obsolete. OR Work experience is only valid when gained on a New South Wales construction site, signed by a NSW builder).
fairtrading.nsw.gov.au/ftw/Tra…lifications/Building.page
1.5 Are there problems with movement of natural persons?
Are there problems with movement of natural persons, i.e. hiring foreign companies to do the subcontracting and posting workers to fulfil those contracts, problems hiring foreign management, specific problems relating to entry rules (visas, work permits)?
In regards of trades people working in the construction industry, on the 1 July 2013 the reform of the 457 working visa was introduced.
After 1 July 2013 - The condition will require Subclass 457 visa holders to have sought to obtain within 28 days any mandatory registration, licence or membership for their occupation in the state or territory they are employed.
immi.gov.au/skilled/changes-457-program.htm
Effectively it is not possible to employ trades people, because they would need to be able to get valid license to get the visa approved, because most of the licensing applications require Australian state restricted work experience.
2 Construction services
2.1 Are there limitations on construction projects undertaken by foreign companies?
Yes, for residential construction in New South Wales with a contract of $20,000 and more a Home Warranty Insurance is required.
A significant issue for NSW builders is that the NSW Home Warranty Insurance Scheme effectively operates as a de facto licensing scheme.
The Home Warranty Insurance Fund (HWIF), in practice, can effectively determine whether a licensed builder can or cannot undertake residential building work, irrespective that the builder’s licence grants the builder to perform residential work as prescribed by the Home Building Act (HBAct).
A new foreign builder would have conditional eligibility which restricts the number, size and value of residential projects allowed to be undertaken. Many builders will need to undergo an Eligibility Profile Change to enable them to expand the type, value and number projects to be undertaken. This process takes time and has an associated cost in the preparation of financial statements to support the requested profile change.
Furthermore, there is dislocation between licensing and home warranty eligibility in regard to whether the insurer considers a licensee is competent to undertake residential building work, of which they are effectively entitled to do as a consequence of being issued a builders trade licence.
The concerning issue is a process whereby a builder is assessed as competent to undertake residential building work as part of the statutory licensing process, however the same builder can be prevented from undertaking certain residential work based on the judgement of a person with whom their expertise is insurance related. It could therefore be questionable if such a person is suitably qualified to
form a judgement on a builders technical ability or experience.
Importantly, a statutory review and appeal process to the Administrative Decisions Tribunal exists for licensing decisions made by NSW Fair Trading, however there is no such appeal process for an ‘insurance” decision whether a builder is considered competent or experienced to perform certain work
for which home warranty eligibility or a certificate of insurance is being sought.
homewarranty.nsw.gov.au/portal…pt/community/a%3Bhome/255
The foreign investment review boar restricts the properties which can be bought by foreign controled entities.
firb.gov.au/content/real_estate/real_estate.asp
2.2 Trade licensing
All trades people need a licence to work in Australia. It is a requirement to have a valid licence to work for yourself OR to work as an employee.
fairtrading.nsw.gov.au/ftw/Tra…_building_licensing.page?
In addition to the state licensing system, there are often other non transparent local government licensing restrictions. There is often no formal defined licensing application process in place, instead there is the personal assessment of a local public servant. E.g. licensing requirements to install solid fuel heater in the Blue Mountains City Council
bmcc.nsw.gov.au/download.cfm?f…29F-26E0-D98D03999BD8926F
