Employment Workplace Relations

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

Thursday, 30 July 2015

NSW launches 'International Student Welcome Desk' at Sydney Airport

NSW launches International Student Welcome Desk at Sydney Airport International students in NSW now have support from the moment they arrive at Sydney International Airport. The NSW International Student Airport Welcome Desk commenced operations on 18 July. The desk is staffed by local and international student volunteers through a formal work integrated learning program with StudyNSW. The volunteers greet students and offer orientation advice and distribute guides with maps and information about...

Wednesday, 29 July 2015

Airport disruptions across Australia on Monday 3 August 2015

Employees of the Department of Immigration and Border Protection (DIBP), including the Australian Border Force, who are members of the Community and Public Sector Union (CPSU) will undertake protected industrial action (PIA) on Monday 3 August 2015 across Australia. Passengers travelling internationally on Monday morning may experience delays at airports, while visa and citizenship services may also be affected. Acting Deputy Commissioner Operations, Steve Lancaster, said travellers and DIBP clients should not be alarmed by this action,...

Administrative Appeals Tribunal (AAT) Reforms

On 1 July 2015, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) were merged with the Administrative Appeals Tribunal (AAT). Like the MRT, the AAT conducts independent merits review of administrative decision under the laws of the Commonwealth and has the same powers to affirm, vary, set aside or remit decisions. The AAT has recently issued practice directions which places obligations on representatives and applicants which did not previously exist with respect to MRT/RRT matters and which everyone needs...

Wednesday, 22 July 2015

New online lodgement system for the AAT (Migration and Refugee Division)

Applications for the review of a decision can now be lodged online to the Administrative Appeals Tribunal on the following web address:   https://tribunalonline.mrt-rrt.gov.au   When lodging an application online, if an application fee is applicable, the full fee must be paid as an online payment using Visa or MasterCard only.   Supporting documents can be uploaded online as well at the end of the electronic application. It is important to remember that if lodging on the last day of a time limit, the application must be...

Tuesday, 21 July 2015

Age exemption for eligible medical practitioners in regional Australia

To attract and retain vital health services in rural areas, there is an exemption to the age requirement for eligible medical practitioners who are 50 years of age and over, work in regional Australia and who wish to apply for the Subclass 186 Visa and Subclass 187 Visa.   From 1 July 2015, the age exemption available to medical practitioners in regional Australia will no longer require employment with the same employer while holding a Temporary Work (Skilled) Subclass 457 Visa or a Medical Practitioner (Temporary) Subclass 422 Visa.   Instead, medical...

UPDATE: Accountants - General Skilled Migration (Subclass 189 and subclass 489) visa

The number of places for Accountants for the General SKilled Migration program (subclass 189 and subclass 489) has been SLASHED from over 5000 places to just 2525 this program year.   The effect of this is that most independent skilled visa applicants (189 and 489-relative sponsored) who apply as Accountants will require 65 points or more. The Department of Immigration & Border Protection (DIBP) have announced that they will stagger their numbers over the program year, and that those applicants on 60 points may find they...

Sunday, 19 July 2015

Australia - $5m Significant Investor Visa (SIV) and $15m Premium Investor Visa Changes (PIV)

​On 29 June 2015 and 1 July 2015, the Federal Government released new regulations which made changes to the Significant Investor Visa (SIV) regime and introduced the new Premium Investor Visa (PIV) sub-class. The key changes in the new regulations include: the creation of the new PIV sub-class of investor visas which provides access to permanent residency after 12 months and requires the applicant to make a complying investment of $15 million; changes to the types of investments which are acceptable for SIVs and PIVs; the...

Tuesday, 14 July 2015

Australian Visas Update - Child and Orphan Relative visas

The Australian Department of Immigration & Border Protection (DIBP) announced in the 2015 Budget that up to 190,000 permanent migration places will be available in 2015-16 migration programme.  Some changes to the programme have been announced which will affect how the Child and Orphan relative categories will be managed. At least 3,485 additional permanent Child visa places will be available outside the managed Migration Programme. Child category visas (excluding Orphan Relative) will no longer be counted under the managed Migration...

Ministers of Religion - Labour agreements (Australian visa changes)

Legislative changes came into effect on 1 July 2015 which will limit nominations for permanent visas for Minister of Religion (ANZSCO 272211) to the Agreement Stream of the Employer Nomination Scheme (Subclass 186 visa). The Department would like to clarify the impact of these legislative changes. From 1 July 2015: Employer nominations for Minister of Religion occupation for the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187 visa) can no longer be lodged. Minister of Religion is not an...

Monday, 13 July 2015

Australian Business Innovation and Investment Program visas - pass mark and points test update

The announced 1 July 2015 reduction in the pass mark for the points test for the Business Innovation and Investment Program (BIIP) visas, from 65 points to 50, has been postponed by the Australian Department of Immigration & Border Protection (DIBP) pending further consultation and stakeholder engagement. The Joint Standing Committee on Migration recently reported the outcomes of its inquiry into the BIIP. One of the items identified by the Committee for further examination by the Department was the "points test" which...

Thursday, 9 July 2015

Subclass 403 Visa (Australia) - Temporary Work (International Relations)

The Subclass 403 visa is intended to facilitate the entry of persons to work or undertake an activity in Australia which serves Australia’s international relations interests, including:    persons entering under a bilateral agreement between Australia and another country; representatives of foreign government agencies without official status in Australia; foreign language teachers who are to be employed in Australia by their government; domestic workers to be employed in a private capacity in Australia by diplomatic...

Sunday, 5 July 2015

Australian Border Force (ABF)

On 1 July 2015, the functions of the Department of Immigration and Border Protection (DIBP) and the Australian Customs and Border Protection Service were integrated into a new Department. The Australian Border Force (ABF) was established as the new front-line operational agency within the Department reflecting a greater focus by the Australian government on the border as a strategic national asset.  The integrated arrangements build on recent border protection reforms and the long history of the two organisations working closely together. The...

Victoria’s Significant Investor Visa (SIV) program reopens for business

Following a pause in the processing of applications for Significant Investor Visa (SIV) nomination, Victoria is again open for business. Processing of applications for Victorian Significant Investor visa nomination under the Commonwealth Government’s new Complying Investment framework resumed from Wednesday 1 July 2015. Under the new framework, migrant investors must invest: at least AUD$500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies at...