Employment Workplace Relations
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Corporate and Business Law
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Dispute Resolution ( Litigation)
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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.
Monday, 30 March 2015
Sunday, 29 March 2015
Migration Amendment (2015 Measures No. 1) Regulation 2015
Migration Amendment (2015 Measures No.1) Regulation 2015 amends the Migration
Regulations to:
- 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;
- 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;
- 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;
- 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;
- 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;
- 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.
Thursday, 26 March 2015
Australia and Cambodia sign MOU
A new Memorandum of Understanding (MoU) between Australia and the
Kingdom of Cambodia was signed on 26 March 2015.
Immigration Minister Peter Dutton stated that the MoU will
"create a framework to guide cooperation between the two countries
covering a range of areas of immigration including technical assistance,
exchange of experts, bilateral projects and activities".
The MoU will also reportedly further strengthen co-operation on
irregular migration, people smuggling and trafficking.
Productivity Commission Inquiry
An inquiry into the migration programme settings is to be
conducted by Productivity Commission. The inquiry is broad ranging and
will examine the impact of charges relative to quotas and qualitative criteria
to determine Australia’s migration programme settings.
The Commission has been given 12 months to investigate and report
on their findings. The scope of the inquiry includes:
- The benefits and costs that the intake of permanent entrants can generate
- An examination of the scope to use alternative methods for determining intakes – including through payment – and the effects these would have.
- 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 noting that temporary migration is an established pathway to permanent migration.
Temporary work visas - Education and Employment References Committee Inquiry
A Senate motion was passed on 25 March 2015 establishing an inquiry into
temporary working visas by the Education and Employment References Committee.
The Committee has until 22 June 2015 to report on the impact of
temporary work visas programmes on the Australian Labour market and unemployment.
The terms of reference will consider the impacts of temporary work visas,
including:
- on the wages, conditions, safety and entitlements of both Australian and temporary workers
- the training and skills development of Australians
- the adequacy of monitoring, enforcement and integrity of these programmes
- the effect of English language requirements
- the provisions and concessions made in DAMAs, EMAs and labour agreements
- the relationship between 457s and other visas with work rights
Report released - Inquiry into the Business Innovation and Investment Programme
The Joint Senate Committee on Migration has released the report
from its Inquiry into the Business Innovation and Investment Programme.
The Report made only one recommendation:that the Department of Immigration and Border Protection examine
the programme as part of the 2015-16 migration programme survey and in its
reviews of the skilled migration and temporary activity visa programmes.
The Committee mentioned a number of challenges it faced included:
- the distinct lack of empirical evidence
- limited information provided by Governments
- little evidence that the programme was actually meeting any of its objectives
- the exclusion of a key component of the programme (the Significant Investor Visa stream);
- the announcement by the Government that it would expand the Significant Investor Visa,
- the announcement by the Government that it would task Austrade to become a nominating entity for the visa
- the announcement by the Government that it would conduct a survey on the 2015-16 migration programme
- the announcement by the Government that it would undertake a review of the skilled migration and temporary activity visa programmes.
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