Employment Workplace Relations

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

Monday, 30 March 2015

Sunday, 29 March 2015

Migration Amendment (2015 Measures No. 1) Regulation 2015

Migration Amendment (2015 Measures No.1) Regulation 2015 amends the Migration Regulations to: limit the number of domestic flights that foreign aircrew are permitted to work on while holding a Special Purpose visa.  The amendments provide a limit of two connecting domestic flights for foreign air crew and one connecting domestic flight for positioning foreign air crew (persons forming crew on departure).  This ensures that opportunities for Australian workers on domestic flights are protected;​   allow...

Thursday, 26 March 2015

Russell Crowe never applied for Australian citizenship, says Immigration Department

http://www.smh.com.au/lifestyle/celebrity/russell-crowe-never-applied-for-australian-citizenship-says-immigration-department-20150325-1m7q55.html Source: Sydney Morning Herald (26 March 201...

Australia and Cambodia sign MOU

A new Memorandum of Understanding (MoU) between Australia and the Kingdom of Cambodia was signed on 26 March 2015.   Immigration Minister Peter Dutton stated that the MoU will "create a framework to guide cooperation between the two countries covering a range of areas of immigration including technical assistance, exchange of experts, bilateral projects and activities".  The MoU will also reportedly further strengthen co-operation on irregular migration, people smuggling and trafficking.&nbs...

Productivity Commission Inquiry

An inquiry into the migration programme settings is to be conducted by Productivity Commission.  The inquiry is broad ranging and will examine the impact of charges relative to quotas and qualitative criteria to determine Australia’s migration programme settings.  The Commission has been given 12 months to investigate and report on their findings. The scope of the inquiry includes:  The benefits and costs that the intake of permanent entrants can generate An examination of the scope to use alternative methods...

Temporary work visas - Education and Employment References Committee Inquiry

A Senate motion was passed on 25 March 2015 establishing an inquiry into temporary working visas by the Education and Employment References Committee. The Committee has until 22 June 2015 to report on the impact of temporary work visas programmes on the Australian Labour market and unemployment.  The terms of reference will consider the impacts of temporary work visas, including: on the wages, conditions, safety and entitlements of both Australian and temporary workers the training and skills development of Australians the...

Report released - Inquiry into the Business Innovation and Investment Programme

The Joint Senate Committee on Migration has released the report from its Inquiry into the Business Innovation and Investment Programme. The Report made only one recommendation:that the Department of Immigration and Border Protection examine the programme as part of the 2015-16 migration programme survey and in its reviews of the skilled migration and temporary activity visa programmes. The Committee mentioned a number of challenges it faced included: the distinct lack of empirical evidence limited information provided...

Thursday, 19 March 2015

457 Visa Review - Government response

457 Review In September 2014, after four months of consultations, with feedback from 189 submissions and more than 150 stakeholders, the results of the independent review into the 457 program were published.  22 recommendations were made overall in the pursuit of increased deregulation and liberalisation to improve the flexibility, responsiveness and certainty of the 457 program. On 18 March 2015 the Government published its response which, with the exception of the extension of the list of countries exempted from English language testing...

Australia & Vietnam - Work and Holiday MOU

Australia and Vietnam have signed an MOU that will allow reciprocal Work and Holiday visa arrangements for 200 young people from both countries to experience each other's culture. The Work and Holiday visa requires applicants to have the support of their government, hold or be studying towards tertiary qualifications and speak 'functional' English. It will be some months before the administrative requirements for the visa are finalised and it becomes available for applications and we will provide an update when further information...

Sunday, 15 March 2015

Offshore biometric testing for Sponsored Family visas

Applicants for Sponsored Family Visas from designated countries will be included in the biometrics collection programme from 6 May 2015. While applications for the Sponsored Family Visitor stream visa will continue to be lodged and processed in Australia, applicants will need to attend their closest Australian Visa Application Centre (AVAC) or Australian Biometrics Collection Centre (ABCC) in person to provide biometrics (facial photograph and fingerprints) after the application has been lodged. Affected applicants will receive correspondence...

Thursday, 12 March 2015

457 Visa, Nomination, Upload documents, Immiaccount, Labour Market Testing

It is very important to remember, when lodging a 457 Nomination on Immiaccount, that evidence of Labour Market Testing, contrary to other required documentation, needs to be provided at the time of lodgement....

Wednesday, 11 March 2015

Recognition of Prior Learning (RPL) - General Skilled Migration (Riaz v Minister for Immigration & Border Protection [2013] FCCA 2244)

In Riaz v Minister for Immigration & Border Protection [2013] FCCA 2244 (Riaz), the Full Federal Court found that regulation 1.15F(1)(c) ‘simply required [an applicant] to show that he or she had completed a course or courses that were registered under s9 of the ECOS Act for a period of at least 92 weeks’, and an applicant is not required to also show that he or she has completed ‘the usual or normal or approved full time workload of ‘a course or courses so registered’. Following the Full Federal Court’s decision in Riaz, an applicant can...

A celebrity adoption

The adoption of a baby girl by Cate Blanchett has focussed attention on the adoption visa rules again: http://www.smh.com.au/lifestyle/celebrity/ls-celebrity-news/cate-blanchetts-adoption-of-a-baby-girl-puts-spotlight-on-australias-unwieldy-system-20150307-13xyfg.ht...

Monday, 9 March 2015

People Who Overstay Their Visas

The Department of Immigration and Border Protection (DIBP) employs a variety of measures to locate unlawful non-citizens in Australia. Because of increasingly sophisticated technology and information sharing protocols, it is probably fair to say that overstayers are more vulnerable than ever before. Probably the easiest and most common way for an overstayer to be identified and located is by way of ‘dob in’, that is when a member of the public rings DIBP and provides details of someone they either know, or have good reason to believe is in Australia...

Thursday, 5 March 2015

The 188 Significant Investor Visa – a golden ticket to Australia

The 188 Significant Investor Visa – a golden ticket to Australia   The Age newspaper has recently reported that the number of residency visas granted to wealthy foreigners willing to invest at least $5 million on complying investment in Australia has surged fivefold in the past 12 months.      If visa holders maintain their investment for four years and live in Australia for 160 days during that four year period, they will be eligible for permanent residency.   It eyes on affluent foreigners...

Australian Business Talent Visa (Subclass 132 visa)

Australian Business Talent Visa (Subclass 132 visa) Basic Requirements The Business Talent (Migrant) visa is a permanent visa for the highest calibre of business people who are under the age of 55 (unless exceptional circumstances exist) and have sponsorship from a State or Territory government. You must also either: have net business and personal assets of at least AUD1.5 million and an annual business turnover of at least AUD3 million if you intend to apply for the visa in the Significant Business History stream, or have...

Australian Retirement Visa (subclass 410 visa)

  AUSTRALIAN RETIREMENT VISA – SUBCLASS 410 Basic Requirements In order to qualify for an Australian Investor Retirement visa, applicants must be over 55 years of age and have no dependents other than a spouse. Applicants must be self-supporting and be willing to make a significant long-term financial investment in Australia. Applicants require sponsorship from a participating State or Territory government and will be required to make a designated investment in that sponsoring State or Territory. The investment amount varies...

Sunday, 1 March 2015

888 VISA - Business Innovation and Investment Visa (Permanent)

This visa is the second stage of the Business Innovation and Investment (subclass 188) visa. You can apply for this 888 permanent visa after holding the 188 provisional visa either for 2 years in the Business Innovation Stream or 4 years in the Investor Stream and you have met all prescribed criteria. Basic Requirements: be the primary holder of a provisional 188 Business Innovation and Investment visa   be nominated by an Australian state or territory. Business Innovation Stream requires you to have established...

400 visa - Temporary Work (Short Stay)

The Temporary Work (Short Stay Activity) 400 visa is a temporary visa that lets you enter Australia to: Do short-term, highly specialised, non-ongoing work Participate in an event or events on a non-ongoing basis at the invitation of an Australian organisation You can usually stay in Australia for up to six weeks but longer periods can be requested.   Depending upon the nature of work, visa 400 has 3 streams: highly specialised work stream, invited participant stream, and Australia’s interest stream...