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.

Monday 7 August 2017

Subclass 187 RSMS is an alternative solution to Permanent Residence

The RSMS (Regional Sponsored Migration Scheme) has significant benefits as compared to other skilled migration pathways. RSMS has the widest occupations list of any skilled migration visa type. Any occupation at ANZSCO skill level 1, 2 or 3 can be used to apply for an RSMS visa.

The RSMS Occupations List includes the following occupation categories:

Skill Level 1: Management and Professional occupations requiring a bachelor degree or 5 years of work experience

Skill Level 2: Associate Professional occupations requiring a diploma-level qualification or 3 years of work experience

Skill Level 3: Technician and Trade occupations requiring a Certificate III which includes 2 years of on-the-job training or a Certificate IV

The RSMSOL includes 224 occupations which are not on either the STSOL (used for 457 and ENS visa applications) or the MLTSSL (used for Skilled Independent Subclass 189 visas). These include occupations such as:

  • Various Specialist Managers such as PR managers, Policy and Planning Managers, Production Managers, Procurement Managers, Wholesalers and Importers or Exporters
  • Hospitality, Retail and Service Managers such as Retail Managers, Call or Contact Centre Managers and Financial Institution Branch Managers
  • Occupations in the Arts such as performers, authors, directors
  • Human Resources occupations
  • Sales Representatives in Industrial, Medical and Pharmaceutical Products
  • Air and Sea Transport Professionals such as pilots, ships engineers etc
  • Science occupations such as biochemists, metallurgists, research and development managers
  • Various engineering professional, technician and drafting specialisations
  • Office Managers and Practice Managers
  • Receptionists, secretaries and personal assistants
  • Child Care Group Leaders
  • Various trades
However, from March 2018, the selection of occupations for RSMS will be much more limited. Most applicants will need to have an occupation on the MLTSSL - at 183 occupations; this is much shorter than the RSMSOL which has 673 occupations. Additional occupations may be available for regional positions, but at this stage it is not clear how many extra occupations will be available.

Training Requirement
Unlike the 457 and ENS programs, the employer does not need to show that they have met the training benchmarks to be able to sponsor for RSMS. Establishing compliance with the training benchmarks is generally the most involved part of applying for 457 and ENS, so this is of great benefit.

From March 2018, a training levy will be payable when applying for an RSMS visa. For businesses with under AUD 10 million in turnover, the training levy will be $3,000. For larger businesses, the levy will be $5,000. It is not yet clear if this can be paid by the individual applying for the RSMS visa, or whether it must be paid by the employer.

Skill Level and English Requirement
Most applicants only need to meet the ANZSCO skill level for their occupation to meet the skill requirement for RSMS. Either a formal qualification or work experience is generally sufficient to meet the ANZSCO skill level, though registration is also necessary if this would be required for the position.

Unlike general skilled migration or the ENS Direct Entry Stream, a formal skills assessment is not in general required. This would normally only be necessary where nominating a trade occupation and where the applicant does not have an Australian trade certificate.
In terms of minimum work experience, this is currently not required if you hold a relevant qualification. This means that international students can potentially qualify for an RSMS visa without any work experience. 

From March 2018, a minimum of 3 years of work experience in the occupation will be required when applying for an RSMS visa.

For the Direct Entry RSMS pathway, Competent English is sufficient to qualify (6 in each band) - this is similar to what is required for the ENS visa, but significantly easier than the requirement for General Skilled Migration.

To meet the pass mark of 60 points for General Skilled Migration, many applicants will need Proficient English (7 in each band of IELTS or equivalent). Many applicants in pro rata occupations need 65 or 70 points to receive an invitation for a Skilled Independent Subclass 189 visa - these applicants may need to get full points for Superior English (8 in each band or equivalent).

The RSMS visa is a permanent visa which allows you to live in Australia indefinitely. This is more beneficial than the 457 visa, which for most occupations is now valid for only 2 years. It is also more beneficial than the Skilled Regional Provisional Subclass 489 visa, which is a 4-year visa which requires you to live and work in a regional area for 2 years before being eligible for permanent residence. However the RSMS visa can be cancelled if you do not commence work with your employer or if you do not stay with the employer for 2 years. However, if this is due to circumstances beyond your control (eg business went into liquidation, redundancy etc.), your visa is unlikely to be cancelled, particularly if you do continue to live in a regional area.

Lastly the RSMS is a highly beneficial visa which in many ways is easier to qualify for than the 457, ENS and General Skilled programs.

However, from March 2018, many applicants will no longer be eligible for the RSMS visa - particularly if your occupation is not on the MLTSSL or if you do not have 3 years of skilled work experience.

Contact Nevett Ford Lawyers if you require advice or assistance.

Wednesday 2 August 2017

Migration Law Update: Big Brother is Watching


One of the government’s recent announcements around the Australian 457 Visa program which appears to have gone relatively unnoticed is that from December this year the Department intends to start collecting tax file numbers of 457 Visa holders and other employer-sponsored migrants for the purpose of matching that information with Australian Taxation Office (ATO) records to ensure that Visa holders are not paid less than the nominated salary.

Unfortunately, the underpayment of workers who have poor English skills and are on visas is a chronic problem in the Australian workspace. It was recently reported by the Fair Work Ombudsman that of all requests for assistance from the Ombudsman in 2016/17, 18% came from workers on visas – an increase on the previous year and significantly disproportionate to the number of workers on visas. It was also reported that half the cases that made it to court involved a visa worker.

Another announcement which has also received little publicity but which should be of concern to employers is that by December the Department intends to publish on its website details relating to sponsors sanctioned for failing to meet various statutory obligations, including their migration law sponsorship obligations.

The wording of the announcement makes it very clear that not only breaches of migration obligations which will be published. At this stage the types of obligations which are being contemplated have not been detailed but could, for example include failure to pay tax and breaches of workplace laws – being issues that prospective employees might be interested in knowing about before deciding whether or not to accept an offer of employment. It is also not clear what timeframes are contemplated – for example will it only be in respect of breaches committed from December this year or does it include past breaches? If so, how far back do they propose to go and how long will details be published before the publication is withdrawn. Also, what appeal rights if any will employers have in respect of any grievances regarding the accuracy of the publication process.

Until more details are published these questions will remain answered but are issues that all employers should be aware of and concerned about.

Please contact Nevett Ford Lawyes for migration law and visa advice.