Compliance

Employer wrongfully terminates visa holder for breaching visa conditions

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The Fair Work Commission has found that an employee who was suspended indefinitely without pay after her employer decided that she had breached the conditions of her visa was unfairly dismissed. What happened in this case? The employee, Ms Devi was employed as a part-time food services assistant in an aged care facility run by…

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Five face court over sham spouse visa scam

Marriage Visa Scam

The Department of Home Affairs has refused the partner visa applications of 164 foreign nationals who were allegedly found to be linked with the scam. An Indian national has faced court over allegations of masterminding a marriage visa scam that targeted South Asian communities, involving 164 partner visa applicants who were willing to pay large…

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High-end chef Guillaume Brahimi’s restaurant underpaid migrant workers

Guillaume

Source: Smart Company The Fair Work Ombudsman says its “making enquiries” regarding one of prominent French chef Guillaume Brahimi’s restaurants, amid allegations it is underpaying staff. Many of the chefs are on temporary visas, including from France, the UK and South America. Citing leaked rosters and payslips, Fairfax alleged in an investigation published on Sunday Brahimi is underpaying permanent workers at…

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New bill makes it easier to cancel a visa on ‘character’ grounds

A new bill that makes it easier to cancel or refuse the visa of a non-citizens on character grounds is before Parliament. The Migration Amendment (Strengthening the Character Test) Bill 2018  amends the character test in section 501 of the Migration Act 1958 to broaden the grounds for visa cancellation or refusal where the person has been convicted of a serious…

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Fair Work Ombudsman recovers $746,000 in unpaid wages

Chef cooking food in a wok

Source: Smartcompany The Fair Work Ombudsman (FWO) has asked consumers to consider the real price of cheap food after recovering $746,203 in unpaid wages for almost 400 workers including migrants in recent blitz of sushi restaurants. The FWO has audited 45 sushi businesses in NSW, Queensland and the ACT, finding widespread non-compliance with workplace laws…

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400 Visa – not as straight forward as it used to be

Man standing on road at the top of a white arrow

Since the more restrictive TSS visa was introduced this year, we have noticed there is now increased scrutiny on Subclass 400 visa applications which can vary between processing centres.  This may be due to the influx of Subclass 400 visa applications, which we expect have been caused by: Increased and uncertain 457 processing times which…

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Employers must now pay Training Levy

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Employers are now required to pay levies to the Skilling Australia Fund for business nominations lodged on or after 12 August 2018. The Australian Government has implement the collection of a training levy from employer sponsors under the Skilling Australians Fund Act 2018 and the Migration Amendment (Skilling Australians Fund) Regulations 2018. The levies are intended…

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$200,000 penalty for terminating overseas worker by text message

Appealing a visa refusal or cancellation

Source: Fair Work Ombudsman  The former owner-operator of an Indian restaurant in Perth has been penalised more than $200,000 after paying an overseas cook nothing for almost four months’ work then sacking him by text message for taking a day of sick leave. Simon Peter Mackenzie, who owned and ran The Curry Tree restaurant in Nedlands was…

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457 Sponsor’s Training Benchmark Obligations

Overview Businesses operating in Australia seeking to hire and sponsor talented migrant workers should be aware of the requirements associated with training Australian citizens and permanent residents. Currently, businesses operating for more than 12 months must meet either Training Benchmark A or B as set out below when seeking to apply for Business Sponsorship under…

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