Employment Workplace Relations

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

Monday, 21 December 2015

Working Holiday Visa (Subclass 417) - Slovak Republic & Slovenia added to list of eligible countries

Slovak Republic and Slovenia have been added to the list of eligible countries for Working Holiday Visas (subclass 417). Applications from eligible Slovak Republic and Slovenia citizens should be lodged at, or posted to: Australian Embassy, Berlin, Germany Visa Office Wallstrasse 76-79 D-10179 Berlin, GERMANY ...

Sunday, 6 December 2015

Entrepreneur visa

Minister Dutton has announced a new Entrepreneur visa to encourage and attract innovators and entrepreneurs to come to or stay in Australia.  The new visa is one of a number of strategies under the newly announced National Innovation and Science Agenda. The new visa will assist in retaining highly educated and talented foreign students who have gained their knowledge base in Australia.  Graduates with STEM subject qualifications (science, technology, engineering and mathematics) or specific ICT and related...

Citizenship Bill 2015 passed

The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 was passed by Parliament on 3 December 2015. Australian citizens aged 14 and over can have their Australian citizenship revoked or ceased if they are also a citizen or national of another country and participate in specific activities. Australian citizenship can be renounced or ceased for: engaging in international terrorist activities using explosive or lethal devices; engaging in a terrorist act; providing or receiving training connected with preparation...

Select Legislative Instrument No 211, 2015 - F2015L01937 - Migration Amendment (Offshore Resources Activity) Regulation 2015.

This Select Instrument specifies the visas that permit the holder to participate in, or support, an offshore resources activity in relation to an area. Section 9A was inserted into the Migration Act so persons who participate in, or support, an offshore resources activity are taken to be in the migration zone. These activities included the exploration or exploitation of minerals, greenhouse gas and petroleum resources within Australia’s Exclusive Economic Zone and the waters above the Continental Shelf. This section...

Breaking a Nut with a Sledgehammer – the use and abuse of PIC 4020

Public interest criteria (‘PIC’) 4020 was first introduced in April 2011 as a measure to attempt to reduce fraud in visa applications. Originally the provision only applied to General skilled migration and employer sponsored visa applications, however now, if any of the following visas are applied for, it is necessary to satisfy PIC 4020: skilled migration visas business visas temporary visas student visas family visas. In summary, the impact of PIC 4020 is that a visa can be refused if an applicant provides a bogus document or information...

Australian Working Conditions - Overseas workers – know your workplace rights

Pay rates and workplace conditions are set by Australian law. All people working in Australia, including those from overseas, have rights and protections at work. These cannot be taken away by contracts or agreements. If you have questions about your pay and conditions while in Australia, you can contact the Fair Work Ombudsman for information. Visit fairwork.gov.au for information for visa holders and international students. This includes information in 27 languages. There are also a range of helpful videos at www.youtube.com/fairworkgovau about...

Can my employer cancel my visa?

No. Employers cannot cancel visas. Only the Department of Immigration and Border Protection (DIBP) can grant, refuse or cancel visa...

Wednesday, 2 December 2015

Federal Court Judgement - Brown v Minister for Immigration and Border Protection

In Brown v Minister for Immigration and Border Protection [2015] FCAFC 141 (24 September 2015) a Full Court concluded the Minister did not make any jurisdictional error in ordering the visa of the appellant be cancelled under section 501 of the Migration Act 1958 (Cth) on conviction for crimes that attracted a sentence of more than one year's imprisonmen...