Employment Workplace Relations

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

Sunday, 18 December 2016

Australian Permanent Residency - 'probabtion period' proposed

Visa changes could put migrants on ‘probation’ before being granted permanent residency Fairfax Media recently published leaked sensitive papers which reveal possible changes to put migrants on probation before being deemed fit for permanent residency and Australian citizenship. The leaked papers were prepared for a meeting between the Department of Social Services and the Department of Immigration and Border Protection and state how the Turnbull government hopes to save money by delaying welfare and benefits to migrants,...

Wednesday, 30 November 2016

Victorian State Nominations Closed for ICT Occupations

Due to an influx in State Nomination applications for ICT occupations in Victoria, all applications for the below occupations will be closed from 11 November 2016 - 6 March 2017. 135112   ICT Project Manager 261111   ICT Business Analyst 261112   Systems Analyst 261311   Analyst Programmer 261312   Developer Programmer 261313   Software Engineer 261314   Software Tester 261399   Software and Applications Programmers nec 262111   Database...

Changes to 457 scheme on the way

It seems that every few years the 457 temporary work visa comes under intense parliamentary and media scrutiny, and we are now at that point again. In the past few weeks we have seen an intense media campaign highlighting alleged rorts of the system by unscrupulous employers. In addition, possibly reflecting elements of the political agenda of Donald Trump, the opposition leader, Bill Shorten, has introduced a private members bill to review the 457 visa system. The Migration Amendment (Putting Local Workers First) Bill 2016, calls...

Monday, 14 November 2016

Australian Government to reassess permanent skilled migration rules

The Productivity Commission has proposed changes in a report to the Australian Government, which could significantly change the way Australia chooses its migrant intake. Some of the major recommendations include reducing the age limit for skilled applicants wanting permanent residence, and providing more points for the skills and traits of secondary adult applicants. Here are the main recommendations proposed by The Productivity Commission: Reduce the age limit Reduce the current age limit of 50 years old for permanent migration under the...

Move to Australia

It appears the uncertainty surrounding the election result in the United States has caused people to consider moving to Australia as a stable alternative. A similar reaction occurred in the UK after the Brexit decision. Australia offers a number of opportunities to live and work, with a variety of visa options available. Skilled migration intakes depend on the applicant’s skills and qualifications and whether these are recognised by the Australian Government as filling state skill shortages. Nevett Ford Lawyers Melbourne can assist with...

Thursday, 10 November 2016

VISA UPDATE: Entrepreneur Visa Australia

Entrepreneur Visa The Government of Australia introduced the National Innovation & Science Agenda with the objective of taking Australia through extraordinary technological change that is intended to transform the way we live, work, communicate and pursue good ideas. In order to advance the Agenda, the Government introduced the New Entrepreneur visa to attract the best overseas start-up talent into the country.   The new Australian Entrepreneur visa has been established for entrepreneur with innovative ideas and...

Tuesday, 8 November 2016

State of Victoria - Temporary closure in skilled applications for ICT occupations

Temporary closure in skilled applications for ICT occupations Due to a large volume of skilled visa nomination applications received, applications for Information and Communications Technology (ICT) occupations will not be accepted from 11 November 2016 to 6 March 2017.  The closure will be for a period of four months, however...

Monday, 7 November 2016

457 Visa - Who can Sponsor?

Who can become a sponsor? To become a sponsor, you must be able to show that your business: is a lawfully operating business has no relevant adverse information against your business. Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices. There are two ways you can become an approved sponsor: Option 1: Apply to be a standard business sponsor Option 2: Negotiate a labour agreement. Option 1: Apply to be a standard business sponsor The standard business...

Entertainment Visa (Temporary Work) - Subclass 420 visa

The Temporary Work (Entertainment) Subclass 420 visa is for individuals who wish to work in the entertainment industry in Australia. It is a temporary visa which is suitable for: • performers in theatre, film, television or radio production, or a concert or recording • people providing support to an entertainer or group of entertainers in relation to a performing contract • production roles • people making a documentary or a commercial ( there is different criteria depending on whether the product is for an Australian...

457 VISA - Sponsorship 'Training' requirements

Training requirements You must show that you have contributed to the training of Australian workers by providing evidence of meeting the training benchmarks. These benchmarks were introduced to ensure that the employment of workers from outside Australia is not seen as an alternative to training Australian workers. To be approved as a standard business sponsor, you must either: meet the training benchmarks if you have traded in Australia for 12 months or more have an auditable plan to meet the training benchmarks if you have been trading in...

Subclass 400 Visa - Short-term work

You can apply for this visa if you need to enter Australia to undertake one of the following activities: Highly specialised work You can apply for this visa to do short-term, highly specialised, non-ongoing work in Australia if you have specialised skills, knowledge or experience that both: can assist an Australian business cannot reasonably be found in the Australian labour market. Highly specialised work is usually work that either: is done by people with an occupation listed in Major Groups 1, 2 or 3 of the Australian and New Zealand...

Tuesday, 1 November 2016

Beware of scammers – always seek legal advice

Vulnerable migrants and temporary visa holders are being targeted by scammers pretending to be from the Department of Immigration.   The scammers usually claim that there are problems with the people’s paperwork or visa status and demand money to fix it or otherwise face the consequences, including the risk of deportation and possible arrest of family members.   The Australian Competition and Consumer Commission (ACCC) recently announced that more than 300 reports of this type of activity were referred to it since March...

Thursday, 27 October 2016

Migration Legislation Amendment on Partner visa sponsorship

Previously when lodging for a prospective marriage or partner visa, character checks only applied to the visa applicant and not to the Australian citizen or permanent resident sponsor. There has been an amendment to the legislation which took effect from 1 September 2016 which now provides that applicants for a Prospective Marriage (Temporary) (Class TO) visa, a Partner (Provisional) (Class UF) visa and a Partner (Temporary) (Class UK) visa can be requested to:   provide the Minister for Immigration and Border Protection (the Minister)...