On 30 November 2015, the Migration Amendment (Charging for a Migration Outcome) Act 2015 came into effect to make it unlawful for a person to ask for, offer, give or receive a benefit in return for a migration outcome in relation to certain skilled work visa programmes. These sanctions are not restricted to sponsors of 457 visa holders. This Act was introduced in response to Recommendation 10.7 of the Independent Review into Integrity in the…
In the last six months, there have been significant changes in obtaining short term visas for applicants seeking to work in Australia. It is a common misconception that the Subclass 457 is the only option for applicants working in Australia on a temporary basis. Due to recent changes in Australian immigration law, the Subclass 400 visa may now be more appropriate for an applicant in certain circumstances. Longer visa terms for the Subclass 400 Visa…
The Full Bench decision in Brett Haigh v Bradken Resources Pty Ltd T/A Bradken [2014] FWCFB 236 has clarified how the Fair Work Commission (FWC) calculates compensation payable to persons that it finds were unfairly dismissed. Where the FWC finds that a person’s dismissal was unfair it has the ability to award reinstatement, re-employment or compensation. Compensation is capped at the lesser of the employee’s earnings in the 26 weeks prior to dismissal, or 50%…
Effective 1 July 2013, a number of legislative changes have taken place in an effort to enhance the Subclass 457 Temporary Work Skilled Program. While the foundations of the program remain unchanged with the changes representing a response to Australia’s economic conditions, there are a number of important amendments to note: All applications, with very limited exceptions, are to be lodged electronically using the Department of Immigration and Citizenship’s (‘DIAC’) online lodgement facility. This change…