Employment Workplace Relations

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

Wednesday, 30 March 2016

Law enforcement and intelligence bodies - specified Australian organisation and foreign countries

Commonwealth Gazette 2016/028 - GAZ 16/001 - C2016G00414 - Notice under section 503A of the Migration Act 1958, specifies the Australian law enforcement and intelligence bodies and foreign countries agencies recognised under s503A of the Act. Schedule 1 of this Notice specifies 42 bodies that are defined as Australian law enforcement bodies or Australian intelligence bodies, for section 503A(9)(a) of the Migration Act 1958. Schedule 2 of this Notice specifies the countries or parts of countries, where foreign...

Class of persons defined as "fast track applicants"

Legislative Instrument - F2016L00377 - IMMI 16/010 - Class of persons defined as fast track applicants.  The Instrument will allow the Minister to lift the relevant application bars so that children born in the migration zone, their parents and siblings are able to submit applications for  Temporary Protection visa or a Safe Haven Enterprise Visas in Australia and have their application assessed under the fast track assessment process established by Schedule 4 of the Migration and Maritime Powers Legislative...

Monday, 28 March 2016

Are you a skilled worker interested in migrating to Australia? – visit SkillSelect today

Are you a skilled worker interested in migrating to Australia? SkillSelect is an online system that allows you to quickly and easily enter your details to be considered for an invitation to apply for a skilled visa. SkillSelect identifies overseas workers with the skills that are most in need in Australia. To find out if you have a skill that Australia needs, have a look at the Skilled Occupation lists on our website. Australian State or Territory governments will use SkillSelect to identify and select skilled workers that they wish to...

Working while studying in Australia

If you are an international student working in Australia, it is important you know your rights, entitlements and protections in the workplace. Did you know: it is illegal for an employer to treat you any differently to other workers based on your gender, religion, culture or nationality? you may be entitled to higher pay for working at night, on the weekend or during a public holiday? your employer cannot dismiss you if you are away from work temporarily due to illness? The Fair Work Ombudsman provides a free service to all people working in...

Monday, 21 March 2016

Superyacht Crew Visa - Subclass 488

The 488 Visa is a temporary visa for the crews of superyachts resulting from of the Government’s 2007 election commitment to provide a temporary visa for this growing niche of the Australian tourism market. The purpose is a streamlined processing for this type of temporary work. It is not to be confused with the Maritime Crew Visa, Subclass 988, which regulates the temporary entry by sea of crew of non-military ships. The difference is the employment on a Superyacht, which, in accordance with Reg 1.15G, is “a sailing ship or motor vessel...

Sunday, 20 March 2016

New Hope for Partner Applicants with Compassionate and Compelling Circumstances

The Migration Regulations contain a provision (called Schedule 3 criteria) which entitles people in a relationship, but without a substantive visa, to lodge a visa application if they can demonstrate that compassionate and compelling circumstances exist. Unfortunately, over time, department policy has tightened, with the result that many applications have been refused on the ground that compassionate and compelling circumstances could not be demonstrated to have existed at the time the application is lodged. A recent court case of Waensila...

Tuesday, 15 March 2016

Getting to Australia faster on visitor visas for Chinese nationals from mainland China

A trial of the priority service for Chinese nationals in the People’s Republic of China, will make Australia a more attractive visitor destination and will help grow the tourist economy, including in northern Australia. These measures will help Australia capitalise on the increased affluence of Asia and the northern Australia’s proximity to the region. The Department of Immigration and Border Protection will trial a priority service for processing Subclass 600 (Visitor) visa applications in both the Tourist and the Business Visitor streams,...

Thursday, 10 March 2016

457 visa - sponsorship obligations - penalties

When applying for Subclass 457 Business Sponsorship approval employers need to meet the "Training Benchmark" requirement.   The training benchmark requirements must continue to be met throughout the life of a Subclass 457 Business Sponsorship approval but many employers forget about this once the sponsorship is approved. If a business fails to meet the training requirement it can result in: Cancellation of sponsorship and associated sponsored visas Sponsorship Bars - preventing you from sponsoring more 457 visa holders Fines...

Thursday, 3 March 2016

General Skilled Migration – Important Things To Know

For those that are eligible, the Skilled Independent Subclass 189 visa is an ideal way to obtain Australian permanent residence. Unfortunately, there are many people who do not have a proper understanding of how the program works and as a result, end up wasting time trying to pursue a visa they are not eligible for. The first, and most important point, is that for migration purposes the government publishes two occupations lists. One is called the Skilled Occupations List (SOL) and the other is the Consolidated Sponsored Occupations...

Wednesday, 2 March 2016

Applying for Same Sex Partner Visa

The Australian Partner Visa allows a person in a same-sex relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to apply for permanent residency. Successful applicants are granted a temporary, two year visa which allows them to work full time, travel to and from Australia and access to medical services. After two years, from the date of lodgement of Partner Visa application, the Department of Immigration and Border Protection (DIBP) will assess your application and will grant permanent residency...

Tuesday, 1 March 2016

How do I know if a foreign national holds a valid visa with work rights?

A foreign national working in Australia without a visa or in breach of their visa conditions is an illegal worker. It could be a criminal offence to employ an illegal worker, so it is important that you check the work entitlements of non-citizens you want to employ. Not all visa holders have their visa details recorded in their passports. The best way to quickly and easily check the work entitlements of non-citizens is via the department’s Visa Entitlement Verification Online (VEVO) (see Immigration website). The service is free and VEVO...