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.

Thursday, 28 January 2016

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 that are at present in the scheme.




A letter has been sent to the Productivity Commission from the Australian Chamber of Commerce and Industry (ACCI) stating that it is better if the labour market testing is abolished. On the other hand, the Australian Mines and Metals Association (AMMA) is warning that this requirement is just going to add red tape to the process.




This comes as a number of employer groups are preparing for a different review of the salary threshold for occupations which can be filled by workers who are holding 457 visas, in the newest inquiry that is probably going to spark controversy over the skilled migration visa scheme.




The Australian Chamber of Commerce and Industry has foreshadowed the argument against the increase in the income threshold for 457 skilled worker visas that are beyond inflation and is arguing that employers located in regional areas should have the capabilities to hire skilled foreign workers on a salary that is at a discount to the threshold, so long as this was in agreement to the market rates of Australia for the people in that specific regional area.




Ms Jenny Lambert, the employment, education, and training director of ACCI, stated that there seems to be ”misinformation” that foreign workers are taking jobs away from Australians.


”That is the wrong basis to move forward,” Ms Lambert said yesterday.
It is by the end of April that the report from the review of the Temporary Skilled Migration Income Threshold is expected to be submitted.




The Australian government agreed to bring forward the review of the Temporary Skilled Migration Income Threshold – which is currently set at fifty three thousand nine hundred – under a deal with Labor to end the wrangling over the China and Australia free trade pact, otherwise known as ChAFTA.




The review is not just going to look at the appropriate level that would be most suited for the threshold, it is also going to look at the roles of indexation as well as regional concessions for the threshold.


During the debate over ChAFTA, it was insisted by Labor that the threshold be increased to fifty seven thousand dollars. However, this push was dropped after the revelation that this kind of pricing would exclude some rural areas out of the scheme should this push through.
Ms Lambert said that the threshold should hold at its present level though there were still good points of argument that were raised for the sake of indexation and inflation.




For regional areas however, there was an argument that a discount be made because there is a difference between regional and metropolitan labour markets.


”The higher you lift the threshold the less businesses and positions would be eligible to have someone come in on a 457,” Ms Lambert stated. ”And that creates real economic problems not just for the business who can not find a skilled worker, but for the regional community who may not have the services available to them because the skilled worker is not available at the price that the region can afford.”




Ms Lambert also stressed that employers should not be able to pay foreign members of their staff less than what equivalent local workers are going to be paid in that region.
Areas hit by skills shortages at that moment, areas such as in the Northern Territory, can ask for something that is called a ”designated area migration agreement.”




Employers can seek concessions of up to ten per cent that is below the threshold under the designated area migrated agreement, so long as the cost of living in that area is lower compared to the national average, and that the foreign workers there are being paid the same as Australians.




Ms Lambert however, said that businesses were not actually guaranteed there would be such agreements to cover them in their areas.




In the mean time, ACCI has made a submission to another review into migration being conducted by the Productivity Commission, saying that it does not agree with a draft finding in support of labour market testing as the testing is the same as ”asking employers to walk through wet cement.”


Mr Scott Marklamb, the executive director of AMMA’s policy and public affairs, said that while there are some highly skilled occupations that were exempt from doing the testing, the ”resource employers support the abolition of this needless and burdensome requirement.”
It was stated by a spokesman for the Business Council of Australia that it consistently called for the elimination of the labour market testing.


SOURCE: The Australian (newspaper)

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 [321111]

Diesel Motor Mechanic [321212]

Electrician (General) [341111]

Electrician (Special Class) [341112]

Motor Mechanic (General) [321211]


It is recommended that applicants use the TRA Pathfinder to help find which TRA programme is suitable for their needs. 


If you require advice and assistance Nevett Ford Lawyers Melbourne has a team of experienced immigration lawyers and registered migration agents.

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:
  1. statements from the applicant and the sponsor;
  2. updated police clearance in Australia; and
  3. updated evidence of cohabitation, financial and social aspects of the relationship.
 
We have recently received many enquiries concerning applicants that have lodged their own Subclass 100/801 that have received unfavourable decisions or request for further evidence from DIBP despite having presented the usual documents and evidence required for this visa.
 
This issue has arisen due to DIBP becoming stringent with assessing documents provided during the second stage of the partner visa and subsequently it is seeking more evidence than only statements and updated police clearance. DIBP’s requirements are to see evidence that the relationship is genuine and continuing following the grant of the temporary visa. Further to lodging the temporary partner visa application, it is ideal to keep a healthy record of all the documents between you and your partner in preparation of the permanent visa stage.
 
Deciding on the evidence that DIBP requires can be difficult and can delay the approval of the visa if not correctly submitted.

Nevett Ford has extensive experience in different areas of migration and can assist you with preparing an application that satisfies DIBP. For further information please contact us for a consultation.

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 fund that operates in the same industry as the business

Training Benchmark B - recent expenditure to the equivalent of at least 1% of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.

If the business is new (operating for less than 12 months), an auditable training plan is required instead.

If you are unsure how to demonstrate that you have met the Training Benchmarks, please contact Nevett Ford Lawyers Melbourne for a more information, assistance and advice.

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 adequate health insurance for you and your family in Australia.
457 business sponsor obligations:

To prevent exploitation of overseas workers and to ensure skill shortages are genuinely met the sponsor will need to do the following:
  • Cooperate with the Department for checks on compliance
  • Ensure employment conditions are fair
  • Keep and maintain records of employment for the 457 visa holder
  • Ensure that the sponsored 457 visa worker does not perform duties other than what is required for the nominated occupation
  • Do not obtain payment from the sponsored worker for the costs of the 457 visa application
  • Continue to meet the 'Training Benchmark' requirements
  • Pay the travel costs for the sponsored worker to leave Australia when the visa validity expires.
Please contact Nevett Ford Lawyers Melbourne if you need more information about your obligations or situations such as when employment ceases, or if the business is being monitored by the Department.

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 Visa
Aged Parent Visa (Non-Contributory)
Contributory Aged Parent Visa

Which Parent Visa is Best?

The range of Parent visa options available and differing requirements can be confusing:
  • As a child you want the best for your parents.
  • As a parent want to be able to spend time with your family in Australia, and avoid wasting time or money on the visa process.
With the Contributory Parent visa applications, the 2nd instalment is a very significant amount of money and a large investment for your family.


Nevett Ford Lawyers (Melbourne) can provide you with advice and assistance in relation to the visa process.

Parent Visa (Non-Contributory)

There are a number of requirements that must be met for this type of visa.

Balance of Family (BoF) test for the applicant

This requires that:
  • Half of the applicant’s children must be settled Australian citizens or permanent residents or,
  • More of the applicant’s children must be settled Australian citizens or permanent residents than being settled in any other single country.
All children of the parent and the parent’s current partner, including adopted and step children must be included in the balance of family test. Step children of a former partner can be counted in limited circumstance.


An assurance of support must be paid for in relation to all applications.

All applicants must meet health and character requirements.


The processing time for this type of visa is estimated to be over 10 years. Parent visas are subject to quotas in relation to the number of visas granted per financial year. The quota allocated in recent years has been small, and this has resulted in very long processing times.


Contributory Parent visas have shorter processing times.

Contributory Parent Visa

There are a number of requirements that must be met for this type of visa.

Balance of Family (BoF) test for the applicant

This requires that:
  • Half of the applicant’s children must be settled Australian citizens or permanent residents or,
  • More of the applicant’s children must be settled Australian citizens or permanent residents than being settled in any other single country.
All children of the parent and the parent’s current partner, including adopted and step children must be included in the balance of family test. Step children of a former partner can be counted in limited circumstance.


An assurance of support must be paid for in relation to all applications.

 All applicants must meet health and character requirements.


This visa is subject to an additional ‘contribution’ which is a 2nd instalment paid to the Department prior to the visa grant. The 2nd instalment is a significant amount of money, which is subject to increases each year.


Processing times for Contributory Parent visas are significantly faster than the Non-Contributory Parent visa applications.

Aged Parent Visa (Non-Contributory)

This requires that the visa applicant be an aged parent. The definition of aged for men is 65 or over. For women the age requirement is between 63.5 and 65, depending the year the woman was born.
Aside from the age requirement, this visa has similar requirements to the Parent visa (non-contributory). 


A benefit of the Aged Parent Visa is that it can be lodged onshore (i.e. whilst the visa application is physically in Australia).


The processing time for this type of visa is estimated to be over 10 years. Aged Parent visas are subject to quotas in relation to the number of visa granted per financial year. The quota allocated in recent years has been small, and this has resulted in very long processing times.


Contributory Aged Parent visas have shorter processing times.

Contributory Aged Parent Visa

This requires that the visa applicant be an aged parent. The definition of aged for men is 65 or over. For women the age requirement is between 63.5 and 65, depending the year the woman was born.
This requires that:
  • Half of the applicant’s children must be settled Australian citizens or permanent residents or,
  • More of the applicant’s children must be settled Australian citizens or permanent residents than being settled in any other single country.
All children of the parent and the parent’s current partner, including adopted and step children must be included in the balance of family test. Step children of a former partner can be counted in limited circumstance.


An assurance of support must be paid for in relation to all applications.

 All applicants must meet health and character requirements.


This visa is subject to an additional ‘contribution’ which is a 2nd instalment paid to the Department prior to the visa grant. The 2nd instalment is a significant amount of money, which is subject to increases each year.


Processing times for Contributory Aged Parent visas are significantly faster than the non-contributory Parent visa applications.


A benefit of the Contributory Aged Parent visa is that it can be lodged onshore.