Employment Workplace Relations

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

Sunday, 28 February 2016

NEW Work and Holiday Visa - Hungary (subclass 462 visa)

On 24 February 2016 Hungary became the latest country to sign a reciprocal arrangement with Australia, allowing young people from both countries to visit each other’s nations under the Australian Government’s work and holiday arrangements. The arrangement was signed at Parliament House between the Minister for Immigration and Border Protection Peter Dutton and Hungarian Ambassador to Australia, His Excellency Dr Attila Laszlo Gruber. Mr Dutton said this was a great development as it would encourage young people to add Australia...

Tuesday, 23 February 2016

ACT Skilled Occupation List (SOL) Updated

The ACT Occupation list for Subclass 190 sponsored visas has been updated today. Changes in skills needs in the ACT has allowed for a large number of occupations to be opened and 2 have been closed. The occupations of child care centre manager and panel beater have been closed. Thirty four new occupations have been opened in the communications, construction, finance, hospitality, and nursing. Contact Nevett Ford Lawyers Melbourne for further information, advice and assistance...

Monday, 22 February 2016

South Australia to recognise highly performing international graduates

Immigration South Australia (SA) is making it easier for talented international graduates of South Australian public universities to qualify for state nomination through the "high performing graduate" category. Immigration SA offers state nomination to international graduates of South Australia who meet state and federal government requirements for a 190 or 489 General Skilled Migration (GSM) visa...

Sunday, 21 February 2016

An additional pathway to permanent residence for ‘non-protected’ Special Category Visa (SCV) holders

An additional pathway to permanent residence for ‘non-protected’ Special Category Visa (SCV) holders Page Content ​​Options for permanent residen​​ce for 'non-protected' SCV holders In acknowledgment of our special bilateral relationship, the Australian Government will provide an additional pathway to permanent residence, and therefore citizenship, for New Zealand Special Category visa (SCV) holders who arrived after 26 February 2001, who have lived in Australia for the last five years and shown a commitment and contribution to Australia....

Tuesday, 16 February 2016

NEW Short-Term Mobility Visa

Starting July 2016, a new visa program will be implemented by Australian Immigration, called the Short-Term Mobility Visa, which is supposed to make it easier for skilled migrants to come and work in Australia. This visa is valid for a 12 month period and allows the nominee multiple entries into Australia to undertake “specialised work” for short-term appointments. The Short-Term Mobility visa is part of the Federal Government’s plan to simplify the visa system and enable Australian businesses a lot more flexibility in terms of attracting...

Monday, 15 February 2016

Seasonal Worker Programme

The Seasonal Worker Programme has been expanded to include more sectors of the agricultural and farming industries, in an effort to address seasonal labour shortages. Seasonal workers can now also be employed in a broader range of sectors including cattle, sheep, grain and mixed enterprises, as well as fruit and grape harvesting. The changes to the programme are expected to provide a boost to labour forces for Australian farmers, and economic benefits and skills development for workers from the Pacific Islands...

Thursday, 11 February 2016

The back door to legal offshore detention

The High Court held valid a law which the dissenting judge acknowledges permits the Commonwealth to do outside of Australia what it can’t do inside Australia. Parliament last year took the most unusual step of passing legislation retrospectively so as to sidestep the detention limitations set out in an earlier decided case of Lim. But for this, it would have been unlikely that the Government would have been successful in the challenge. The High Court noted that it is lawful for Australia to make laws in respect of the removal...

Wednesday, 10 February 2016

Business Skills Visa 888 for Entrepreneurs – How much your ownership interest in the main business must be

The 888 (Business Innovation Stream) visa is a permanent visa available for those who hold an 188 (Business Innovation Stream) visa to apply after they have successfully owned and managed on daily basis the main business in Australia for at least two years and met a range of requirements pertaining to the primary visa applicant’s management role in the main business, financial performance of the main business and net assets owned by the primary visa applicant (or with spouse jointly) in Australia. The Migration Act 1958 and Migration Regulations 1994...

Sunday, 7 February 2016

SIV (Significant Investor Visa)

Under the complying investment framework for the SIV program, SIV applicants are required to invest at least $5 million over four years in complying investments which must now include: At least $500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies (“VCPE”). This is subject to review and the Government may increase this to $1 million for new applications depending on how the market responds; At least $1.5 million in an eligible managed fund(s) or Listed Investment...

PIV (Premium Investor Visa)

The Premium Investor Visa was introduced on 1 July 2015. The PIV is a separate visa program that targets talented entrepreneurs and innovators with a minimum $15 million to invest at the invitation of the Australian Government. The PIV focuses on attracting a small number of highly talented and entrepreneurial individuals to Australia who can contribute those skills and talents into areas which deliver a long term economic benefit to the country. The Premium Investor Visa is available at the invitation of the Australian Government...

High Court finds offshore processing of asylum seekers is constitutionally valid

The High Court of Australia has found that the Australian Government’s offshore processing of asylum seekers is constitutionally valid. The case has been brought by the Human Rights Law Centre which has worked with the Refugee Advice and Casework Service and the Darwin Asylum Seeker Support and Advocacy Network. The case sought, amongst other things, a declaration that the Commonwealth's conduct in enforcing the plaintiff’s offshore detention or the Commonwealth’s entry into contracts in connection with this detention be ruled unlawful,...

Wednesday, 3 February 2016

Love & marriage… do not have to go together with the horse and carriage

The Federal Court aptly referenced Frank Sinatra’s hit on “love & marriage” in deciding whether romantic love is a requirement for a partner visa.   This case involved a couple who were undoubtedly in a relationship of sorts, but admittedly not “in love”. The Federal Court in rejecting an appeal from the Federal Circuit Court, unanimously held that the absence of romantic love was not necessarily  fatal in determining a partner visa application. The Court held that romantic love is not a determinative factor and cannot...