Employment Workplace Relations

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

Thursday, 29 January 2015

Migrants to Australia at a record high

The nation's migrant population is at its highest since the gold rush era of the late 1800s, says a new report. Asian arrivals are rapidly changing the face of Australia, with the number of Chinese and Indian-born residents nearing the one million mark. Almost 30 per cent of Australians were born overseas as of 30 June 2014 according to the Australian Bureau of Statistics (ABS) report Migration Australia 2013-14 which was released on 29 January 2015. This included 1.22 million UK-born people, 617,000 New Zealanders, 447,400 from China and 397,000...

Tuesday, 27 January 2015

Japan-Australia Economic Partnership Agreement (JAEPA) & the subclass 457 visa program

The Japan-Australia Economic Partnership Agreement (JAEPA) entered into force on 15 January 2015.  Australia’s international trade obligations which preclude labour market testing in the 457 programme are specified in a Legislative Instrument.  Due to the close proximity of the entry into force dates of the JAEPA  and the Korea-Australia Free Trade Agreement (KAFTA), a separate Legislative Instrument IMMI 14/113: Japan Australia Economic Partnership Agreement Determination 2014 has been created to specify Australia’s...

Significant Investor Visa (SIV) (subclass 888) changes - 1 July 2015

Eligibility for the permanent SIV from 1 July 2015 will require the following residency: The primary applicant to reside in Australia for 40 days per year OR the secondary applicant (spouse) to reside in Australia for 180 days per year. There will be no residency requirement for all other secondary applicants. This residency requirement will be per year and be calculated cumulatively over the four year period of the provisional visa, i.e. 160 days over four years for a primary applicant or 720 days...

Wednesday, 21 January 2015

Review of the Temporary Work (Entertainment) visa (Subclass 420)

The Department of Immigration & Border Protection (DIBP) and the Ministry for the Arts, Attorney-General’s Department are undertaking a review of the Temporary Work (Entertainment) visa (Subclass 420). The review is in support of the Australian Government’s commitment to reducing the burden and cost of unnecessary or inefficient regulation imposed on individuals, business and community organisations:- http://www.immi.gov.au/pub-res/Documents/discussion-papers/review-temporary-work-entertainment-visa.p...

Trades Recognition Australia (TRA) changes

Provisional Skills Assessment - Removal of the International English Language Testing System eligibility requirement From 16 January 2015 Provisional Skills Assessment (PSA) applicants are no longer required to provide an International English Language Testing System (IELTS) result as part of the eligibility requirement...

Skilled Migration and Temporary visa - DIBP review

The Department of Immigration & Border Protection (DIBP) have just released their latest discussion paper on skilled migration and temporary visas: http://www.immi.gov.au/pub-res/Documents/discussion-papers/proposal_paper_dec14.p...

457 visa changes about flexibility - Prime Minister Tony Abbott

3 Prime Minister Tony Abbott says he will overhaul the 457 visa scheme as part of his innovation and competitiveness agenda. Mr Abbott says he wants to make changes to the scheme to make the 457 visa process more flexible for business. The Federal Government says the current 457 visa scheme is too rigid and any changes are not a way of substituting overseas labour for domestic labour. Those planned changes include streamlining the processing of sponsorship, nomination and visa for low-risk applicants. And they include increasing...

Monday, 12 January 2015

Significant Fines for Breaches

The owners of Dave’s Noodles, a noodles restaurant in Launceston have been fined $100,000 for underpaying a Chinese chef on a 457 Visa, and creating false wage records. Over a period of four years the chef received a shortfall of $86,000 and eventually lodged a complaint with the Fair Work Ombudsman. When his claim was investigated the inspectors discovered the worker was being paid at a flat rate based on a 38 hour week while his employers were requiring him to work 60 hours per week. The owners compounded their culpability by requiring...