Employment Workplace Relations

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

Thursday, 22 October 2015

457 Visas: Employer and employee obligations

457 Visas: Employer and employee obligations The highly publicised troubles of the 7-Eleven group highlights the need for all employers to be aware of their obligations to their employees, particularly if they are employing foreign workers. The current media attention centres around allegations  that foreign workers were paid at rates lower than should be paid for the type of work being done.   All employers are subject to scrutiny pursuant to the provisions of the Fair Work Act; in addition, employers of persons on 457 visas...

Sunday, 18 October 2015

Accountants - pass mark migration

In the last published Skill Select round (September 2015) the Department of Immigration & Border Protection (DIBP) only invited 20 Accountants for the 189 visa (instead of the normal 210 invites).   As a result this pushed up the invite pass mark to 70 points.   This is most likely due to the fact that so many Accountants have been invited in the State sponsored 190 and 489 visas and also as DIBP may want to keep places for later in the program year so that they guarantee obtaining the highest scoring candidates in their...

Western Australian skilled migration occupation list (WASMOL)

Applicants who have an occupation identified on the Western Australian skilled migration occupation list (WASMOL) may be eligible for Western Australian State nomination using the following visas:   Skilled Nominated visa (subclass 190) or Skilled Regional (Provisional) visa (subclass 489).   State nomination applicants will have to compete with all potential employees in the Western Australian labour market to secure any available or advertised position. For occupations which require licensing or registration before being...

Northern Territory Designated Area Migration Agreement (DAMA)

Because of its remote location and acute skills shortages in the Northern Territory, their government have negotiated a Migration agreement for companies to be able to more easily sponsor 457 visa holders. Where a Northern Territory employer is seeking a Temporary Skilled Migration Income Threshold (TSMIT) concession, the business will need to demonstrate that the salary being offered to a prospective overseas worker is no less favourable than what an Australian citizen or permanent resident could expect doing the same job in the...

Tuesday, 13 October 2015

Fair Work - Recovery of unpaid wages

A Private Members Bill has been introduced in the House of Representatives entitled the Fair Work Amendment (Recovery of Unpaid Amounts for Franchisee Employees) Bill 2015.   The aim of the Bill is to ensure employees are paid correctly, whether or not they are Australian citizens.  It will require more oversight by franchisers over the franchisee companies within their chains, to ensure legal minimum wages are paid to employees and the terms and conditions of employment meet the National Employment Standards (NES). The...

Monday, 12 October 2015

Skilled Migration Program pushed by Senator Nick Xenophon

Mr Nick Xenophon, the independent senator in Australia has forwarded his push for a new skilled migration program so that economically challenged areas in South Australia, his home state, can be boosted for everybody’s benefit. He believes that this move can lift the state out of its economic gloom. ”We need a targeted, sensible, business investment migration program for low population states and regions that would turbocharge the economies of those areas,” Senator Xenophon said on an interview with the AAP. The senator met with businesses...