Employment Workplace Relations

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

Monday, 16 December 2013

Resident Return Visa (subclass 155) – absence of more than 5 years

Even if you have been absent from Australia (as a permanent resident) for more than 5 years, you may still be eligible for a Resident Return subclass 155 visa if you can show you have ‘substantial ties’ with Australia and there were compelling reasons for your absence. For example, ‘substantial ties’ can include: ·         Substantial ties which are of benefit to Australia; ·         Substantial business ties of benefit to Australia; ·         Substantial...

New Post Study Arrangements for Student Graduates - subclass 485 TR visa

The subclass 485 visa now provides recent graduates with the opportunity to spend more time in Australia following their studies to gain practical experience to accompany their Australian qualification(s). Significant changes were made to the subclass 485 visa on 23 March 2013. Subclass 485 visa applicants must now apply in either the Graduate Work stream or the Post Study Work stream. Each stream of the new subclass 485 visa has its own specific requirements that applicants must satisfy for their application to be successful. 1.    The...

457 Visa Holders – Your rights & the Worker Protection Act 2008

You are entitled to receive pay and conditions at least as good as Australian workers who are doing the same work at the same workplace. Under the laws of the Worker Protection Act 2008, your 457 sponsor must: ·         Show that they are providing you equal pay and conditions of employment to Australian workers performing equivalent work in the same location; ·         Not make deductions from your pay (other than tax) without your permission; ·         Only employ...

I’m Australian, but is the E-3 visa right for me?

There is a major misconception that if you are Australian, then the E-3 visa is always the best visa option.  This is not necessarily the case, however.  Here are some examples of scenarios where the E-3 visa is not likely to be the best option for you: ·         The US employer is a start-up ·         You will need to stay on the Australian payroll of the company during your US assignment ·         You do not...

Can I get an E-3 visa for the United States?

You may qualify for the special E-3 visa for the USA if: 1.       You hold an Australian passport; AND 2.       You have a job offer for a professional-type role in the US; AND 3.       Either you hold a Bachelors Degree in the field in which you will be working, OR you have at least 12 years work experience in your field If you meet these requirements, then you can get an E-3 visa that will provide you with the following benefits: ·         Quick...

Is There a Pathway to Permanent Residence Under the Employer Nomination Scheme for Persons Over the Age of 50?

In most cases, the answer to this is “No”, however there are a number of exceptions which it is important to be aware of. Under the migration regulations there are a number of classes of person who are exempt from the age criteria. These are as follows: - Ministers of religion who have applied for a visa to occupy a position as nominated by a religious institution, or, - certain researchers, scientists and technical specialists who have...

In-house (On-the-job) Training Expenditure for 457 and 186 Visa Applications

One of the most onerous requirements for employer sponsored visas is the payment not only in the 12 months preceding the application, but also for each year of the most recent 457 Sponsorship Approval, of either 1% or 2% of the sponsoring business’ payroll in training the Australian employees of the business. This requirement not only can translate in thousands and thousands of dollars in training for employers but failure to evidence this cost may jeopardise any chance of visa success for your prospective applicants. The specification of training...

Thursday, 12 December 2013

Who can get an Enterprise Migration Agreement (EMA)?

Who can get an Enterprise Migration Agreement? Enterprise Migration Agreements (EMAs) are available to resources projects with capital expenditure of more than two ($2b) billion dollars and a peak workforce of more than 1500 workers. To be approved for an EMA, projects need to develop a comprehensive training plan, demonstrating how the project will invest in the up-skilling of Australians to meet future skill needs in the resources sector. This plan will need to set measurable targets for training that develops skills in occupations where...

NO FURTHER STAY visa condition - waiver of condition 8503

What does visa condition 8503 mean? If condition 8503 (no further stay) has been imposed on your visa, it means you cannot apply for another visa (other than a protection visa or a temporary visa of a specified kind) to extend your stay while you are in Australia. What visas is condition 8503 imposed on? Condition 8503 can be imposed on many Visitor and Temporary Residence visas. However, condition 8503 is a mandatory condition of the following visas: Sponsored Family Visitor visa (subclass 679) Tourist visa (subclass ...

Partner Visa Australia

Partner visas For the purposes of Australian migration, the term 'partner' means the husband, wife or de facto partner (opposite or same-sex) of the Australian sponsor (‘partner category’ includes partner and prospective marriage visa classes). The parties in a married or de facto relationship must have a mutual commitment to a shared life together, to the exclusion of all other persons. The relationship must be genuine and continuing and the parties must live, or intend to live together on a permanent basis. Although applying for permanent...

Adoption visas

      In Australia, the processing of inter-country adoptions is the responsibility of state and territory adoption authorities such as departments of family services. These authorities manage arrangements for adopting children from overseas including assessing and approving prospective adoptive parents. The Australian Government, through the Attorney-General’s Department, has the responsibility for managing existing programs and negotiating new programs with other countries. The department cannot provide assistance...