457 visas and the Fast Food or Takeaway Food Industry

Many hospitality business owners would be surprised to learn that the Immigration department have their own guidelines when it comes to assessing the difference between a caf�/restaurant and a fast food/takeaway food service operations. There is a specific law (legislative instrument) which specifically excludes the following occupations from being sponsored under the 457 visa program if it falls under the later classification;

• Cafe or Restaurant Manager (ANZSCO 141111)
• Chef (ANZSCO 351311)
• Cook (ANZSCO 351411)

If the DIBP classify a business as a fast food or takeaway food premises, then the business cannot sponsor the occupations listed above.

Classification Guidelines

The Australian Bureau of Statistics (ABS) distinguishes between 'Cafes and restaurants' and 'Takeaway food services (fast food)' under the Australian and New Zealand Standard Industrial Classification (ANZSIC). It is up to individual case officers to make an assessment if a business places a nomination application for these three specific occupations listed above. They need to be sure that the premises where the nomination refers to does not fall into the "Takeaway" classification.

Cafes and restaurants

Cafes and restaurants are businesses where there is an emphasis of customer service whereby mainly providing food and beverage serving services for consumption on the premises. Customers have their orders taken whilst seated by a waiter/waitress and then receive their food while seated. After the meal they would normally pay their bill.

Takeaway food service outlets, fast food outlets and fast casual dining outlets

Takeaway food service outlets are mainly focused upon providing food for customers to takeaway. This is pretty straight forward to identify. The food is usually provided in takeaway containers or packaging ready to be consumed. The business may provide limited seating where the food can be eaten in the shop or perhaps outside or may even be delivered. Where it gets confusing is where case officers may consider fast food outlets or casual dinning outlets. The ABS also includes businesses mainly engaged in supplying food services in food halls and food courts within this category. Table service is not provided and customers generally eat their food in the disposable packaging it was provided with.

The DIBP has specific guidelines in relation to Fast Food casual dining outlets;

"Table service before and during consumption of the meal is not usually a feature, and customers typically place their food orders at a counter. For the purposes of the 457 program, fast casual dining outlets are considered to be fast food businesses.

Typically, these outlets:

• usually operate in chains or as franchises
• are heavily advertised
• offer limited menus
• offer speed, convenience, and familiarity to diners who may eat in the outlet or take their food home
• do not generally employ qualified chefs
• prepare food according to a standardised format for distribution from a central location
• serve food in a packaged form (although some outlets may provide cutlery and crockery for customers dining in the establishment)
• require customers to pay before eating and
• do not offer table service before or during consumption of the meal."

There have been a number of cases where some fast food and casual dinning outlets also include a catering business into their business model. In certain circumstances it may be possible the business can gain approval for one of those (or more) occupations listed above when there is evidence that a catering enterprise is actively operating.