Employment Workplace Relations

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

Friday, 22 September 2017

457 Visa: Accredited Sponsorship – A fairer approach for business

Perhaps the most pleasing amendment made to the 457 visa program on 1 July 2017 was the broadening of categories of business which may be eligible for Accredited Sponsorship under the 457 visa program. Accredited Sponsorship:  What are the benefits? Prior to employing an overseas national on a 457 visa, the business must first apply to the Department of Immigration & Boarder Protection (“DIBP”) to become an approved sponsor.  Established businesses will either be approved as a standard sponsor or if they meet certain, additional...

Thursday, 7 September 2017

Australia may introduce ‘mandatory’ provisional visas before permanent residency

Migrants coming to Australia may have to spend a certain period of time on mandatory provisional visas before they are granted a permanent residency. The Immigration Department is exploring this possibility in a visa transformation discussion paper by inviting submissions from the public.   The number of persons in Australia applying for permanent residence has grown substantially over the last two decades. In 2015-16, around half of all permanent visas were granted to people already in Australia on a temporary visa.  This means...

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...

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...

Wednesday, 26 July 2017

457 Visa - Training Benchmark changes

Changes continue to be rolled out by the Department of Immigration & Border Protection (DIBP).  A recent change relates to the training benchmarks that 457 business sponsors are obliged to meet - this article explains how the changes impact employers. Benchmark A - Payments to a Training Fund This involves paying 2% of payroll to an industry training fund. From July 2017 payments may be made to one of the following: Industry training fund Fund managed by recognised Industry Body Scholarship fund...

Thursday, 13 July 2017

Employer Nomination Scheme (Subclass 186 Visa) - Changes Commence

Further to the announcement earlier in the year by the Department of Immigration and Border Protection (DIBP) the first wave of amendments to the Employer Nomination Scheme have been released, with most changes taking effect from 1 July 2017.  The major talking points from these amendments include: The reduction of the upper age limit from 49 to 44 years of age for an applicant (Direct Entry Stream); The removal of the exemption from providing a skills assessment due to earnings being above the high income threshold (Direct Entry...

Thursday, 29 June 2017

Migration Changes: July 2017 - March 2018

There is a large number of changes to migration law from July 2017 through to March 2018.  1st July 2017   Processing FeesProcessing Fees are set to increase in line with the forecasted Consumer Price Index. Visa fees will be indexed annually from July 2017 onwards. Indexation will not apply to the second instalment of visa fees.  457 Visa Changes Occupation Lists: The STOL occupation list will be reviewed and condensed further. English Language Requirements: English language test exemptions for applicants with a salary...