Employment Workplace Relations

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

Thursday, 23 April 2015

Biometrics collection Singapore

Biometrics collection will commence in Singapore from 24 April 2015. All applicants irrespective of their nationality who are physically in Singapore will be required to provide biometrics, unless excluded or exempt under policy. Visa applicants residing in Singapore and who attend the Australian Visa Application Centre (AVAC) in Singapore to lodge their applications, will be asked to provide their biometrics at the same time. Where applications are posted to the Australian High Commission or the AVAC in Singapore, a letter...

Migration scam warning

SCAMWatch reports the ACCC and the Department of Immigration and Border Protection (DIBP) have been getting reports of scammers claiming to be government officials. The scammers call migrants and temporary visa holders and threaten them with deportation supposedly because of problems with their immigration paperwork or visa status. Scammers are demanding up-front fees of around $1,000 to resubmit forms. These scam phone calls appear to be targeting people from India and Pakistan. The ACCC has received 150 reports of this scam since February...

Monday, 20 April 2015

New visa arrangements for people working in Australia’s offshore oil and gas industry

From 31 March 2015, new visa arrangements came into effect for non-citizens other than permanent residents intending to work in Australia's offshore oil and gas industry. People intending to work on resources installations should hold either a Subclass 457 Temporary Work (Skilled) visa or a Subclass 400 Temporary Work (Short Stay Activity) visa. People who are participating in, or supporting, an offshore resources activity from a vessel will be granted the Special Purpose Visa (SPV) by operation of la...

485 visa and 476 visa - changes to English language requirements

From 18 April 2015, minimum English language test scores for the Skilled – Recognised Graduate (subclass 476) and Temporary Graduate (subclass 485) visas changed. If you lodge an application for either of these visas on or after 18 April, you must provide evidence of having achieved one of the following in a test taken in the three years immediately prior to lodging your visa application:  an overall score of at least 6, with nothing below 5 in each of the four test components (speaking, reading, listening and writing) in an International...

Sunday, 19 April 2015

457 visa - changes to English language requirements

As of 17 April 2015 the following language tests are acceptable evidence for 457 visa applications: (a)                International English Language Testing System (IELTS test); (b)                Occupational English Test (OET); (c)                Test of English as a Foreign Language internet-based test (TOEFL...

Monday, 13 April 2015

SA Supplementary Skilled List adds CSOL occupations and replaces the South Australian Graduate List

The South Australian Graduate List for state nomination has been replaced by the Supplementary Skilled List. This new list offers all the occupations on the DIBP Consolidated Sponsored Occupation List (CSOL) that are NOT on the SA State Occupation List. The State Occupation List contains 171 occupations and the Supplementary Skilled List the remaining 480 occupations.  This now give the opportunity for skilled workers in one of the three following categories to meet the criteria for state sponsorship:   ...

Chinese Travellers visitor visa extended to three years with multiple entries

Minister Andrew Robb has announced that approved Chinese travellers will now be able to apply for online visitor visas with three-year validity and multiple entries. This extension follows the introduction of three year, multiple entry Chinese business visas in 2014. This follows the success for the online visitor visa pilot for Chinese visito...

Fair Work Australia - Inquiry into 417 Working Holiday visa wages and conditions

The Fair Work Ombudsman is sending a specialist Overseas Worker Team to the Northern Rivers, Tweed Coast, Sunshine Coast and Wide Bay regions of NSW and Queensland.  The Team will engage with key stakeholders in Byron Bay, Lismore, Gympie and Maroochydore as part of its enquiry into allegations of working holiday visa holder exploitation by unscrupulous employers. Deliberate exploitation of backpackers seeking to extend their visas by undertaking 88 days specified work in a designated regional area has been identified...

Thursday, 9 April 2015

UPDATE to the Significant Investor Visa (SIV) - suspension period

Further information has been released about the temporary suspension of the Significant Investor Visa (SIV) programme from 24 April 2015 to 30 June 2015: all new nominations will be suspended; prospective SIV applicants can still lodge Expressions of Interest after 24 June, but they will only be able to be nominated from 1 July 2015 and will be subject to the new complying investment framework; the new complying investment framework is still being finalised those who have already been invited...

Tuesday, 7 April 2015

Significant Investor Visa - suspension period

New Significant Investor Visa (SIV) applications are to be suspended from 24 April 2015 until 30 June 2015 due to changes to the complying investment framework. Applicants who have been invited to apply AND have lodged their applications prior to that date will be assessed under the current regulations. Applicants may continue to lodge expressions of interest during this period, but no invitations will be issued until after 1 July 201...

Child visa lodgement changes

From 18 April 2015, child visa applications in Australia must be lodged at the Perth office in Western Australia – marked Attention to Child and Other Family Processing Centre. This change will apply to all applications for Child visas (subclass 802) and Orphan Relative visas (subclass 837) lodged from 18 April 2015. Applications for Dependent Child visas (subclass 445) in Australia must also be lodged at the Perth offic...

Wednesday, 1 April 2015

Fiji added to Seasonal Workers Visa Program

Fiji has been added to the list of countries whose citizens are eligible to apply to be part of the Seasonal Workers Program in Australia. The Seasonal Workers Program allows applicants from approved countries the opportunity to work in the horticultural, hospitality and tourism industries in Australia for up to 7 months. The Department of Employment co-ordinates the program and provides further information on its website Seasonal Worker Program page. The website provides an interesting video explaining the requirements...

Draft National Strategy for International Education

https://internationaleducation.gov.au/International-network/Australia/InternationalStrategy/Pages/National-Strategy.aspx SOURCE: Australian Government - Department of Education and Traini...

ACT closes subclass 190 overseas nominations

ACT nominations for overseas Subclass 190 visas are closing for 2014/15 for overseas applicants. As at 5pm AEST Friday 3 April 2015, all overseas applications for ACT nomination of a visa subclass 190 will be closed. The ACT program targets for the Skilled Nominated Visa (190) have been met for the 2014/15 financial year. If applicants are living overseas, they are not able to apply for ACT nomination of a Skilled Nominated visa (subclass 190) until the program reopens on 1 July 2015. Applicants living in Canberra and working...

Amendments to Migration Regulations - Migration Amendment (2015 Measures No.1) Regulation 2015

Migration Amendment (2015 Measures No.1) Regulation 2015 amends the Migration Regulations to: Foreign air crew: 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...

The Migration Amendment (Protection and Other Measures) Bill pass Senate

The Migration Amendment (Protection and Other Measures) Bill was passed on 25 March 2015. According to Assistant Immigration Minister The Hon Senator Michaela Cash, the amended bill would crack down on fraud and streamline visa processes to reduce cost. However, the changes have been criticised for making it easier for decision-makers to deny protection to people who don't have genuine claims and making it harder for people who do have genuine claims to access the protection they deserv...

457 - Senate establishes new inquiry into use of temporary working visas

Following the findings and recommendations of the Independent Review into the Integrity of the 457 visa programme, the Senate has established a new inquiry into the use of temporary work visas and reported abuse and exploitation of 'foreign' workers. The inquiry will look at the broader range of temporary working visas and will investigate issues regarding the extent of exploitation and mistreatment of people on temporary work visas and the impact the programme has had on employment opportunities, skills and training development for A...

Productivity Commission Inquiry into the use of charges to determine the intake of migrants

The Treasurer, Joe Hockey, and the Minister for Immigration and Border Protection, Peter Dutton, have announced that the Productivity Commission will commence an inquiry into the migrant intake into Australia. This inquiry will look into: The benefits and costs of permanent migration. The scope to use alternative methods for determining the intake of permanent migrants and the effects these would have. This should include examination of a specific scenario in which entry charges for migrants are the primary basis...