Employment Workplace Relations

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

Corporate and Business Law

The Nevett Ford Corporate and Business Law team has a wealth of experience and expertise and have established quality relationships with clients, including many small and medium business enterprises, across a wide range of industries.

Dispute Resolution ( Litigation)

Nevett Ford has wide experience in all manner of litigation.

Mediation

Mediation is a process and set of principles designed to manage and resolve disputes between parties. It is an efficient and effective method of dispute resolution that can help to preserve relationships through the intervention of a third party, known as a mediator.

Property Law

Nevett Ford has been conveying Victorian property for more than 150 years.

Wednesday, 1 April 2015

Fiji added to Seasonal Workers Visa Program


Fiji has been added to the list of countries whose citizens are eligible to apply to be part of the Seasonal Workers Program in Australia.


The Seasonal Workers Program allows applicants from approved countries the opportunity to work in the horticultural, hospitality and tourism industries in Australia for up to 7 months.


The Department of Employment co-ordinates the program and provides further information on its website Seasonal Worker Program pageThe website provides an interesting video explaining the requirements of the visa, work rights and other related daily living information for those considering applying for the program.

Draft National Strategy for International Education

ACT closes subclass 190 overseas nominations


ACT nominations for overseas Subclass 190 visas are closing for 2014/15 for overseas applicants.


As at 5pm AEST Friday 3 April 2015, all overseas applications for ACT nomination of a visa subclass 190 will be closed. The ACT program targets for the Skilled Nominated Visa (190) have been met for the 2014/15 financial year.


If applicants are living overseas, they are not able to apply for ACT nomination of a Skilled Nominated visa (subclass 190) until the program reopens on 1 July 2015.


Applicants living in Canberra and working in a skilled occupation, they are still able to apply for ACT 190 nomination providing they meet the current nomination criteria.

Amendments to Migration Regulations - Migration Amendment (2015 Measures No.1) Regulation 2015


Migration Amendment (2015 Measures No.1) Regulation 2015 amends the Migration Regulations to:


  • Foreign air crew: limit the number of domestic flights that foreign aircrew are permitted to work on while holding a Special Purpose visa.  The amendments provide a limit of two connecting domestic flights for foreign air crew and one connecting domestic flight for positioning foreign air crew (persons forming crew on departure).  This ensures that opportunities for Australian workers on domestic flights are protected;​

  • English test validity for points tested visas: allow an English language test score to be accepted for points tested skilled visas if the test was conducted three years before the applicant was invited to apply for the visa, rather than three years before the application was lodged. This ensures that English test scores do not become invalid between the invitation to apply for the visa and the application being lodged;

  • English for subclass 485 visa & subclass 476 visa: enable lower English language test scores to be specified for the Skilled Recognised Graduate and Temporary Graduate visas so that these visas can be more responsive to Australia’s labour market requirements.  The tests and scores will be specified in an instrument made by the Minister;

  • Visa form and lodgement changes: provide that the visa application form, the place in which a visa application must be lodged and the manner in which a visa application must be made (for example by internet or paper) are specified in an instrument made by the Minister, rather than set out in the Migration Regulations. This enables these administrative details to be changed more rapidly, as required, to facilitate more efficient processing arrangements;

  • Employer notification time extended: extend the timeframes in which an approved sponsor must notify the department of certain events relating to the sponsored person (for example, a change in work duties).  The amendment extends the timeframe from 10 working days to 28 calendar days to ensure there is sufficient time to comply with the requirement. It also reduces confusion for businesses as it would align with other comparable reporting periods that must be met by business;

  • Change to 485 medical examination requirements: repeal the requirement that an applicant for a Temporary Graduate visa must provide evidence of having made arrangements for medical examinations at the time of application for the visa. The amendment removes an unnecessary burden on applicants as many applicants may not be required to have a medical examination to meet the health requirement at the time of decision for the visa;



This Select Legislative Instrument will commence on 18 April 2015.

The Migration Amendment (Protection and Other Measures) Bill pass Senate


The Migration Amendment (Protection and Other Measures) Bill was passed on 25 March 2015.

According to Assistant Immigration Minister The Hon Senator Michaela Cash, the amended bill would crack down on fraud and streamline visa processes to reduce cost. However, the changes have been criticised for making it easier for decision-makers to deny protection to people who don't have genuine claims and making it harder for people who do have genuine claims to access the protection they deserve.

457 - Senate establishes new inquiry into use of temporary working visas


Following the findings and recommendations of the Independent Review into the Integrity of the 457 visa programme, the Senate has established a new inquiry into the use of temporary work visas and reported abuse and exploitation of 'foreign' workers.


The inquiry will look at the broader range of temporary working visas and will investigate issues regarding the extent of exploitation and mistreatment of people on temporary work visas and the impact the programme has had on employment opportunities, skills and training development for Australians.

Productivity Commission Inquiry into the use of charges to determine the intake of migrants


The Treasurer, Joe Hockey, and the Minister for Immigration and Border Protection, Peter Dutton, have announced that the Productivity Commission will commence an inquiry into the migrant intake into Australia. This inquiry will look into:


  • The benefits and costs of permanent migration.
  • The scope to use alternative methods for determining the intake of permanent migrants and the effects these would have. This should include examination of a specific scenario in which entry charges for migrants are the primary basis for the selection of migrants.
  • The benefits and costs of temporary migration with an examination of the use of charges as the primary basis for regulating the level and composition of this migration.
  • Mechanisms for achieving an optimal interaction between temporary and permanent migration.