Employment Workplace Relations

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

Monday, 18 July 2016

Visa consequences of Turkish failed coup

The failed coup in Turkey will carry significant consequences for Turkish visa applicants.   On one side, Turkish citizens in Australia who claim to be opponents of the government will now have a chance to lodge protection visa applications on the basis that they will face persecution if they return to Turkey. Similarly, Turkish citizens seeking Condition 8503 waivers and Schedule 3 waivers (in respect of onshore partner visa applications) will be able to rely on the uncertain political situation in Turkey to have greater chances...

Thursday, 14 July 2016

457 Visa Holders Have Work Rights Too

Employers of 457 Visa holders must comply with both Australian workplace and immigration laws, and any workers who are unfairly dismissed or treated improperly have the right to enforce their rights. A case brought to the Fair Work Commission by Mrs Maricar Virata, a citizen of the Philippines who had been working in Australia on a 457 Visa, is a clear reminder to all employers of their obligations when considering terminating employees on these visas. Mrs Virata was employed to be the manager of the Halls Gap Motel. Her salary was $55,000...

Wednesday, 6 July 2016

Brexit impacts for Australians/Brits

The result of the recent referendum in Britain has opened a fundamental crack in the Western world.has opened a fundamental crack in the Western world. However this does not impact much on Australians with British passports. Living and working in Britain will be as easy as it was before Brexit for those with UK passports and ancestry visas — nothing will change. Additionally, those wanting to travel to Europe on holiday will still be able to because Aussies and Brits are able to visit much of continental Europe without visas in the first...

Sunday, 3 July 2016

Working Holiday Visa - Definitions of "Specified Work"

The Minister for Immigration, Peter Dutton has specified (by way of Legislative Instrument, 5 May 2016) what ‘specified work’ will satisfy the Working Holiday visa ‘regional work’ requirements, as follows:- (i) plant and animal cultivation: A. the harvesting and/or packing of fruit and vegetable crops; B. pruning and trimming vines and trees; C. general maintenance crop work; D. cultivating or propagating plants, fungi or their products or parts; E. immediate processing of plant products; F. maintaining animals for the purposes...