SkillSelect - invitiations issued 2015-2016

During 2015-16 the following numbers of invitations have been issued:


Invitations issued during 2015-16:

Visa subclass	July	Aug	Sept	Oct	Nov	Dec	Jan	Feb	Mar	Apr	May	June	Total
Skilled - Independent (subclass 189)	2,300	2,300	2,300	2,000	2,300	1,400	4,800	3,200	2,600	2,200	2,435	565	29,560
Skilled – Regional Provisional (subclass 489)	80	80	80	40	40	10	10	10	10	10	10	5	385
Total	2,380	2,380	2,380	2,040	2,340	1,410	4,810	3,210	2,610	2,210	2,910	570	29,945

The above figures do not include invitations issued for State and Territory Government nominated visa subclasses. State and Territory Governments nominate throughout the month for specific points tested skilled migration and business innovation and investment visas. Separate results for these visa subclasses are provided monthly.

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Migrants generally more skilled than the average Australian

The Australian Bureau of Statistics (ABS) has published some interesting statistics that migrants in general are more skilled than the average Australian.

MIGRANTS AND QUALIFICATIONS

In this section the term 'adult migrants' refers to people born outside Australia who were at least 15

years of age when they migrated to Australia.

In 2015, 73% of adult migrants aged 15–64 years had a non-school qualication compared with 58% of those born in Australia (Table 1 and 14).

The proportion of adult migrants who had a Bachelor degree or higher on arrival had increased from

23% for those who migrated before 2001 to 45% for those who migrated after 2010. The proportion of adult migrants who held a non-school qualication on arrival to Australia increased from 39% for those who arrived before 2001, to 62% for those arriving after 2010. This increase is most notable in female adult migrants, with 32% having a non-school qualication on arrival before 2001 compared with 61% for those arriving after 2010.

More than one third of adult migrants (37%) attained a non-school qualication after arrival in Australia.

A similar proportion of male (36%) and female (37%) adult migrants had gained a non-school

qualication since arriving in Australia.

In 2015, 79% of employed adult migrants aged 15–64 years had a non-school qualication compared

with 65% of employed people born in Australia and 63% of employed migrants who arrived as children (aged less than 15 years).

Amongst employed adult migrants, 40% were working in a eld relevant to their highest non-school

qualication attained before arrival. One in three (33%) employed adult migrants had gained a

qualication after arrival and were working in a eld relevant to their highest qualication attained after

arrival.

Of employed adult migrants who held a non-school qualication on arrival to Australia, just over half

(55% of males and 50% of females) were working in the same eld as their highest qualication. A

higher proportion (65% of male and 69% of female) who attained a non-school qualication after arrival were working in the eld of their highest qualication gained after arrival.

(Source: ABS)

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Student visa-holders underpaid

Two international students working at a fast-food outlet in Sydney have been short-changed thousands of dollars.


The underpayments were discovered during a random audit of the business by the Fair Work Ombudsman.


The visa-holders, from India, were paid flat rates of $18 an hour for all hours worked.
Under the Fast Food Industry Award, they should have been paid $23.74 for ordinary hours, $28.49 on Saturdays, $33.24 on Sundays and $52.23 on public holidays.


They were underpaid $3820 and $3345 respectively.  The Harris Park business also failed to issue pay-slips.


It has received a formal Letter of Caution placing it on notice that further breaches of workplace laws may result in enforcement action.


Fair Work Ombudsman Natalie James says employers need to take the time to understand the wage rates applicable to their individual workplace.


"We have minimum pay rates in Australia, they apply to everyone, and they are not negotiable," she says.


"While most employers want to do the right thing, there are some who seek to gain a competitive advantage by exploiting vulnerable workers, such as visa-holders."


In separate matters in Sydney’s west, the Fair Work Ombudsman has also recovered:

• $11,800 for 20 employees at a Wetherill Park logistics company who did not receive their correct casual base rate because the employer failed to revise wages following the annual wage increase,
• $5100 for a female part-time teacher in North Parramatta who did not receive payment while on sick leave for two months because the employer misinterpreted the enterprise agreement,
• $6800 for two part-time hairdressers, a full-time apprentice hairdresser and a part-time beautician in Parramatta who were paid flat rates instead of the higher Award hourly minimum and Saturday penalty rate, and
• $6000 for a pest control technician in Seven Hills who did not receive his annual leave entitlements upon leaving the business.

Ms James says it is important that businesses, particularly small businesses, know that they can contact the Fair Work Ombudsman for advice and assistance if they are unsure of their obligations.
The Agency’s Pay and Conditions Tool (PACT) provides advice about pay, shift, leave and redundancy entitlements. Visit www.calculate.fairwork.gov.au to learn more.


Ms James encouraged employers who had any uncertainty about whether their workplace practices were appropriate to visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for advice.
A free interpreter service is available on 13 14 50.


The Infoline offers a priority service to small business callers whose leading concerns are about wages, conditions, termination of employment, leave and entitlements.


Small business operators can also tap in to the suite of easy-to-follow courses at the award-winning Fair Work Ombudsman Online Learning Centre.


SOURCE: Fair Work Ombudsman

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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 of success.

 

On the other, Turkish citizens in Turkey will possibly face increased difficulties when lodging student as well as visitor visas since the Department is likely to use the unstable situation in Turkey as a ground to refuse the said applications.

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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 per annum plus superannuation. Her evidence was that she was expected to work from 7 AM until 1 AM, and she was expected to be on call outside those hours if needed, although this was disputed by the respondent.


She was accompanied in Australia by her de facto partner, and it transpired that he was expected to also work just as hard at the motel, and that her remuneration was to be split between the two of them. The Fair Work Commission found that 'on any view’ this arrangement was exploitative.


Ms Virata claimed that at some point she started to ask questions of her employer about her work conditions and that then, when she was on leave in the Philippines, she was sacked by email.


The respondent denied that she was terminated for the reasons claimed by her but because of two complaints by fellow employees, a complaint from a customer, and because of relationship issues between Ms Virata and her partner.


The commission found that none of the reasons put by the respondent by way of justification for its actions were valid. It also found that the respondent did not give plain and clear reasons to Ms Virata prior to making the decision to terminate her; nor was  she given an opportunity to address any of the complaints which been made about her.


Ms Virata had not been given any proper warnings about how her performance was perceived by the respondent and because she was terminated by email once the complaints were put, she did not have an opportunity to respond to them with a support person present.


The commission described the respondent’s processes as being “inappropriate and unfair” and found Ms Virata was entitled to compensation for unfair dismissal.


Another factor taken into account by the commission was that because Ms Virata was on a 457 visa, it would be expected that the consequences of her being terminated were even more serious than might usually otherwise be the situation.


457 Visa holders need to be aware that there are employers who will try and take advantage of their vulnerable situation and terminate their employment without regard to their legal rights. Any worker who believes they have had their rights infringed should seek immediate legal assistance.

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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 place, so crossing borders will still be relatively easy.

 

On the other hand, Australian holiday makers who need to visit the UK or the EU may need to get an extra stamp in their passport when visiting. Currently Australian holiday-makers don’t require a visa for entry to either the EU or the UK, and can travel relatively freely between countries after being processed at one entry point. Any changes will depend on how tightly the UK secures its borders in the wake of the decision to separate from the EU.

 

No fewer Australians are expected to travel to the UK and Europe as a result of the Brexit result. It could even trigger an increase in visitors because of exchange rate fluctuations expected to favour the Australian dollar. But on the downside, longer customs queues are expected at major airports like Heathrow because EU residents may have to be processed like Americans and other international travellers. They are currently sent through a separate line without any restrictions. Heading in the other direction, there is a risk a possible recession in Britain and the pound’s plunge could shrink the number of visitors to long-haul destinations like Australia. The UK is currently our third biggest source of overseas visitors so of great importance to the Australian economy.

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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 of selling them or their bodily produce, including natural increase;

G. immediate processing of animal products including shearing, butchery, packing and tanning;

H. manufacturing dairy produce from raw material.

(ii) fishing and pearling:

A. conducting operations relating directly to taking or catching fish and other aquatic species;

B. conducting operations relating directly to taking or culturing pearls or pearl shell.

(iii) tree farming and felling:

A. planting or tending trees in a plantation or forest that are intended to be felled;

B. felling trees in a plantation or forest;

C. transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed or form which they are to be transported to the place where they are to be milled or processed.

(iv) mining:

A. coal mining;

B. oil and gas extraction;

C. metal ore mining;

D. construction material mining;

E. other non-metallic mineral mining and quarrying;

F. exploration;

G. mining support services.

(v) construction:

A. residential building construction;

B. non-residential building construction;

C. heavy and civil engineering construction;

D. land development and site preparation services;

E. building structure services;

F. building installation services;

G. building completion services;

H. other construction services.

Nevett Ford Lawyers can assist with all visa related matters.

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