Employment Workplace Relations

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

Sunday, 31 January 2016

The NSW Department of Industry has provided the following Visa related updates

Announcement of shorter processing time for Business Talent Subclass 132 Visa from 29 January 2016. New NSW migration brochures in Simplified Chinese for Sydney and Regional NSW available to welcome business and investor migrants. NSW Industry's migration achievements for 2015. NSW Migration myth busters, including, its a myth that SIV migrants must make and hold their investments in NSW. Regional NSW had the strongest job growth of any Australian region last year creating 70,000...

Thursday, 28 January 2016

DIBP makes changes to Marketing Specialist occupation nominations

The Department of Immigration appears to have decreased the spectrum of the role of Marketing Specialist (ANZSCO 225113). Applicants should be aware that recent decisions by the DIBP have allowed nominations in the said occupation only in the presence of medium to large as well as complex business organisations and classified it as a high level and senior role. As a result, sponsor applicants with small businesses and visa applicants without the relevant qualification and experience should explore other possible occupations if their circu...

Consequences of visa refusal or cancellation

When a person’s application for a visa is refused or his or her visa is cancelled under section 501 of the Migration Act, unless he or she already holds a protection visa, the person becomes an unlawful non-citizen. Under the Migration Act, as an unlawful non-citizen the person must be placed in immigration detention and detained until he or she is either granted a visa, deported, or removed from Australia. In addition to being detained and possibly removed from Australia, a person who has a visa refused or cancelled under section 501: will...

Visa compliance audit uncovers serious flaws in system

Visa compliance audit uncovers serious flaws in system An audit of how the Federal Government manages visa compliance was able to find weaknesses in almost all of the programs many areas, which leaves Australia in a vulnerable position to the visitors that have committed or are committing serious crimes. A review was issued by the Australian National Audit Office late last year and it was able to identify major issues in the organisation. This includes missing records as well as ‘extensive shortcomings. It was stated in the report that the...

Farmers dealing with labour shortage calling against new tax on visa holders

Farmers dealing with labour shortage calling against new tax on visa holders Right now, there is no tax payable on the 1st eighteen thousand two hundred dollars ($18,200) the working holiday visa makers are going to earn. However, from the 1st of July of 2016, these visa holders are going to have to pay tax on every dollar they earn. The farmers who state that up to fifty per cent of their seasonal workforce is made up of a lot of these visa holders are making plans to do a major lobby against this planned tax change. The peak horticulture...

Business groups push for reforms to 457 visa

Business groups push for reforms to 457 visa The campaign for reforms in the 457 visas are once again reignited by business groups in Australia, declaring that it is high time that ”misinformation” regarding the scheme that benefits skilled foreign workers be dispelled. It is most likely that this move is just going to spark tensions with Australian unions due to the 457 visa for temporary skilled migrants, however, business groups are adamant in lining up to say that the government should get rid of Labor-era labour market testing arrangements...

Tuesday, 19 January 2016

Call for ‘burdensome’ Labour Market Testing to be abolished

See article from Chandler Training: http://www.chandlertraining.com.au/call-for-burdensome-labour-market-testing-to-be-abolishe...

Sunday, 17 January 2016

China-Australia Free Trade Agreement (ChAFTA) & Trades Recognition Australia (TRA)

The China-Australia Free Trade Agreement (ChAFTA) came into force on the 20 December 2015. The ChAFTA means that applicants with a passport from: • China and Macau Special Administrative Region (SAR), will no longer be required to have a skills assessment in the following occupations: Cabinetmaker [394111] Carpenter [331212] Carpenter and Joiner [331211] Joiner [331213] • China, Hong Kong SAR and Macau SAR will no longer be required to have a skills assessment in the following occupations: Auto Electrician...

Wednesday, 13 January 2016

Partner visa - are you providing enough evidence to the DIBP?

The Permanent Partner visa (second stage) is the Subclass 100 and the Subclass 801. Generally the Department of Immigration and Border Protection (DIBP) will make contact with you approximately two years after the Partner visa is lodged. At the time of request, the applicant generally needs to provide: statements from the applicant and the sponsor; updated police clearance in Australia; and updated evidence of cohabitation, financial and social aspects of the relationship.   We have recently received many enquiries...

Thursday, 7 January 2016

What are 457 visa Training Benchmarks? How do you meet the requirements?

Training Benchmarks are requirements that need to be fulfilled by the company who is applying to be a subclass 457 visa 'business sponsor'. The requirements were introduced to ensure local Australian workers are provided training to perform the work required by the company, thus reducing the dependency of the company on overseas workers. The Training Benchmarks are as follows: Training Benchmark A - recent expenditure to the equivalent of at least 2% of the payroll of the business, in payments allocated to an industry training...

What are the obligations of the 457 business sponsor and visa applicant after the visa is granted?

It is critical that the 457 visa holder and business sponsor adhere to the obligations and conditions of the 457 visa when it is approved. Failure to meet the conditions will result in visa cancellations and/or removal of sponsorship status for the business. 457 visa holder obligations: You are only allowed to work for the business that sponsored you Must start work within 90 days or arrival to Australia Must not stop working for the employer for more than 90 consecutive days Obtain registration or licences if necessary Maintain...

Parent visas - Australia

All Parent visas must have a sponsor and a primary visa applicant. The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen, that is your child or stepchild, or their eligible partner. The primary visa applicant must be a parent of a child or stepchild who is a settled Australian citizen, permanent resident or eligible New Zealand citizen. Parent visa categories include the following: Parent Visa (Non-Contributory)Contributory Parent VisaAged Parent Visa (Non-Contributory)Contributory Aged Parent Visa Which...

What is the Australian Nursing and Midwifery Accreditation Council (ANMAC)? How is it different from the Nursing and Midwifery Board of Australia (NMBA)?

ANMAC is responsible for making an assessment on an applicant’s work experience and qualifications to determine the applicant’s suitability for skilled migration. A health professional would obtain the migration skills assessment from ANMAC before lodging a visa application. NMBA is the registration body in Australia which manages the registration of nurses and midwives in Australia. It is compulsory for nurses and midwives to be registered in Australia. You cannot work in Australia as a nurse or midwife unless you are registered with NMBA....

Wednesday, 6 January 2016

Expert review of the 457 temporary skilled migration income threshold

Mr John Azarias has been appointed to undertake an evidence-based review of the Temporary Skilled Migration Incomes Threshold (TSMIT). The review was recommended by the Independent Review into Integrity in the Subclass 457 Programme. The review will consider a range of issues including the factors that should determine the settings, the appropriate base level, and the roles of indexation and regional concessions for the TSMIT. The TSMIT defines the salary threshold for jobs that can be filled by a 457 visa holder and is designed to protect...

Monday, 4 January 2016

Lee Case Overturned Clarifying Appeal Rights for 457 Refusals

As a result of the 2014 Lee case (Minister for Immigration and Border Protection v Lee [2014] FCCA 2881), the Administrative Appeals Tribunal (AAT) has had no jurisdiction to review 457 visa refusals unless there was an approved nomination at the date the appeal was lodged. This was a significant barrier to appealing refused 457s, particularly where the reason for refusal of the 457 was an issue with the nomination.   The Lee case has been overturned by the Full Federal court in Ahmad v Minister for Immigration and Border...

Self Sponsorship for 457 Visas

Changes have been made to the Australian immigration policy document (known as the Policy Advice Manual (PAM)) for 457 nominations which means that self-sponsorship is now very difficult. The changes are in relation to the "genuine position" requirement for the nomination. As a result, the nomination would be refused on the basis that the position has been created just to facilitate a visa application.   Immigration has set out the following "risk factors" which could indicate the position is not genuine Visa applicant...

Offences Introduced for Charging Visa Applicants for Employer Sponsorship

Offences Introduced for Charging Visa Applicants for Employer Sponsorship The Migration Amendment (Charging for a Migration Outcome) Act 2015 has been passed and came into effect from 14 December 2015. This legislation makes it illegal for a benefit to be given by a visa applicant to another person in return for a "sponsorship-related event". Effectively, this means that if a visa applicant pays an employer to sponsor them, the following can result: Refusal of a visa application - applicants must now declare that they have not paid for...