Employment Workplace Relations

Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

Corporate and Business Law

The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.

Dispute Resolution ( Litigation)

Nevett Ford has wide experience in all manner of litigation.

Mediation

Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.

Property Law

Nevett Ford has been conveying Victorian property for more than 150 years.

Wednesday 31 August 2016

NEW: ACT Skilled Occupation List - 1 September 2016


The ACT Government has released a new ACT Occupation List effective today, 1 September 2016.  

A summary of the list provides the following information:


  • The skills need has eased for restaurant managers, management consultants, solicitors and financial advisers. These occupations are now closed.

  • The demand for skills within corporate management, HR and the creative / design sector is increasing. Occupations within these sectors have now opened.

  • The ‘open’ status of the following occupations remains unchanged indicating a continual high demand for civil engineers, general practitioners, retail pharmacists, early childhood teachers, architects, medical imaging professionals, registered nurses, counsellors, mechanics, psychologists and real estate professionals. 
Applications for ACT nomination submitted and lodged before 01/09/16 will be assessed against the ‘at time of application’ criteria.


Wednesday 17 August 2016

Recent changes to Victorian relationship registry

Recent changes from the Victorian Registry of Births, Deaths and Marriages brings good news to Victorian couples. Prior to the change, any couples who wanted to register for a ‘domestic relationship’ were required to demonstrate that each person to the relationship had been living in Victoria for at least 12 months prior to application.

 
New changes came into effect from 1st July 2016 and the ’12 months residing in Victoria’ requirement for each partner has been removed.  Below is an outline of the new eligibility to register a domestic relationship:
  • both parties must be 18 years of age or older and be in a registrable domestic relationship;
  • at least one party must prove that they live in Victoria, and;
  • neither party is:

    • married
    • in another registered relationship
    • in another relationship that could be registered.
This change is particularly relevant for couples who are living in Victoria and intend to apply for an Australian Partner visa as the ‘12 months – De facto’ requirement set out by the Department of Immigration and Border Protection is automatically waived for any couples that have obtained a ‘domestic relationship certificate’ from the Victorian Registry of Births, Deaths and Marriages.

 
However couples must remember that the domestic relationship certificate only waives the time period requirement and the Department of Immigration still requires couples to demonstrate that the relationship is ‘genuine and continuing’.

 
Couples must remember that they still have to meet the following aspects of the Partner Visa: 
  1. Financial aspect;
  2. Nature of the household aspectp;
  3. Social aspect, and;
  4. Nature of commitment to each other aspect.

Tuesday 16 August 2016

SkillSelect - invitiations issued 2015-2016

During 2015-16 the following numbers of invitations have been issued:


Invitations issued during 2015-16:


Visa subclassJulyAugSeptOctNovDecJanFebMarAprMayJuneTotal
Skilled - Independent (subclass 189)
2,300
2,300
2,300
2,000
2,300
1,400
4,800
3,200
2,600
2,200
2,435
565
29,560
Skilled – Regional Provisional (subclass 489)
80
80
80
40
40
10
10
10
10
10
10
5
385


Total
2,380
2,380
2,380
2,040
2,340
1,410
4,810
3,210
2,610
2,210
2,910
570
29,945


The above figures do not include invitations issued for State and Territory Government nominated visa subclasses. State and Territory Governments nominate throughout the month for specific points tested skilled migration and business innovation and investment visas. Separate results for these visa subclasses are provided monthly.

Wednesday 10 August 2016

Migrants generally more skilled than the average Australian

The Australian Bureau of Statistics (ABS) has published some interesting statistics that migrants in general are more skilled than the average Australian.


MIGRANTS AND QUALIFICATIONS

In this section the term 'adult migrants' refers to people born outside Australia who were at least 15

years of age when they migrated to Australia.


In 2015, 73% of adult migrants aged 15–64 years had a non-school qualication compared with 58% of those born in Australia (Table 1 and 14).


The proportion of adult migrants who had a Bachelor degree or higher on arrival had increased from

23% for those who migrated before 2001 to 45% for those who migrated after 2010. The proportion of adult migrants who held a non-school qualication on arrival to Australia increased from 39% for those who arrived before 2001, to 62% for those arriving after 2010. This increase is most notable in female adult migrants, with 32% having a non-school qualication on arrival before 2001 compared with 61% for those arriving after 2010.


More than one third of adult migrants (37%) attained a non-school qualication after arrival in Australia.


A similar proportion of male (36%) and female (37%) adult migrants had gained a non-school

qualication since arriving in Australia.


In 2015, 79% of employed adult migrants aged 15–64 years had a non-school qualication compared

with 65% of employed people born in Australia and 63% of employed migrants who arrived as children (aged less than 15 years).


Amongst employed adult migrants, 40% were working in a eld relevant to their highest non-school

qualication attained before arrival. One in three (33%) employed adult migrants had gained a

qualication after arrival and were working in a eld relevant to their highest qualication attained after

arrival.


Of employed adult migrants who held a non-school qualication on arrival to Australia, just over half

(55% of males and 50% of females) were working in the same eld as their highest qualication. A

higher proportion (65% of male and 69% of female) who attained a non-school qualication after arrival were working in the eld of their highest qualication gained after arrival.



(Source: ABS)




Tuesday 9 August 2016

Student visa-holders underpaid


Two international students working at a fast-food outlet in Sydney have been short-changed thousands of dollars.


The underpayments were discovered during a random audit of the business by the Fair Work Ombudsman.


The visa-holders, from India, were paid flat rates of $18 an hour for all hours worked.
Under the Fast Food Industry Award, they should have been paid $23.74 for ordinary hours, $28.49 on Saturdays, $33.24 on Sundays and $52.23 on public holidays.


They were underpaid $3820 and $3345 respectively.  The Harris Park business also failed to issue pay-slips.


It has received a formal Letter of Caution placing it on notice that further breaches of workplace laws may result in enforcement action.


Fair Work Ombudsman Natalie James says employers need to take the time to understand the wage rates applicable to their individual workplace.


"We have minimum pay rates in Australia, they apply to everyone, and they are not negotiable," she says.


"While most employers want to do the right thing, there are some who seek to gain a competitive advantage by exploiting vulnerable workers, such as visa-holders."


In separate matters in Sydney’s west, the Fair Work Ombudsman has also recovered:
  • $11,800 for 20 employees at a Wetherill Park logistics company who did not receive their correct casual base rate because the employer failed to revise wages following the annual wage increase,
  • $5100 for a female part-time teacher in North Parramatta who did not receive payment while on sick leave for two months because the employer misinterpreted the enterprise agreement,
  • $6800 for two part-time hairdressers, a full-time apprentice hairdresser and a part-time beautician in Parramatta who were paid flat rates instead of the higher Award hourly minimum and Saturday penalty rate, and
  • $6000 for a pest control technician in Seven Hills who did not receive his annual leave entitlements upon leaving the business.
Ms James says it is important that businesses, particularly small businesses, know that they can contact the Fair Work Ombudsman for advice and assistance if they are unsure of their obligations.
The Agency’s Pay and Conditions Tool (PACT) provides advice about pay, shift, leave and redundancy entitlements. Visit www.calculate.fairwork.gov.au to learn more.


Ms James encouraged employers who had any uncertainty about whether their workplace practices were appropriate to visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for advice.
A free interpreter service is available on 13 14 50.


The Infoline offers a priority service to small business callers whose leading concerns are about wages, conditions, termination of employment, leave and entitlements.


Small business operators can also tap in to the suite of easy-to-follow courses at the award-winning Fair Work Ombudsman Online Learning Centre.


SOURCE: Fair Work Ombudsman