Employers

Bogus Reference Letter Results in PIC 4020 Visa Refusal

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The recent Federal Court appeal case of Fati v Minister for Home Affairs examined issues relating to an employment reference letter prepared by an employee of a business in the context of an Australian visa application, and whether that letter was a bogus document or information that is false or misleading in breach of public interest…

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Sushi operator faces Court under new onus of proof laws

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The Fair Work Ombudsman (FWO) has commenced the first legal action utilising new reverse onus of proof laws that require employers to disprove underpayment allegations in Court when they have failed to keep adequate time and wages records or issue pay slips. The FWO has instituted proceedings in the Federal Circuit Court against A &…

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Telstra boss on immigration: “Build skills, not walls”

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The need for Australian companies to source ICT talent from overseas is stronger than ever, with the local pipeline continuing to fall short. That was the message from Telstra CEO Andy Penn, who delivered a strongly-worded address at the Committee for Economic Development Australia in Melbourne on Wednesday. “We need to build new skills and…

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School fees waived for dependants of 457/TSS visa holders

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In an effort to attract skilled migrants, the South Australian Government is waiving Student fees for dependants of Subclass 457 and Subclass 482 TSS visas attending government schools. In a recent announcement, the Minister for Education, Hon John Gardner MP confirmed that the student contribution fee for dependants of the Subclass 457 and Subclass 482…

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Court imposes $335,664 penalties against 7-Eleven outlet and restaurant

Penalties have been secured by the Fair Work Ombudsman against a company in Melbourne for $335,664 and two individuals for the underpayment of international students. This brings the total amount to $1.8 million in penalties involving 7-Eleven franchisees. The Federal Circuit Court has handed down its judgement and penalised Xia Jing Qi Pty Ltd a total…

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Labour Agreement update

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What is a Labour Agreement? A Labour Agreement is a bespoke sponsorship arrangement between an employer and the Australian Department of Home Affairs. It is generally in place for five years. Only accessible in limited or exceptional circumstances, arrangements under each Labour Agreement are intended to assist employers to address immediate skills needs where a…

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

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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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Regional migration: Is this the answer to crowded cities?

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The Morrison Government has proposed that changes to our regional migration program are required to address population growth in our major cities. Whilst details of the proposed policy are still being developed, many are questioning how effective such a policy will be in practice. The Government’s proposed regional migration policy According to recent Department of…

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