Friday, 8th of January 2016

 

Issue #1 January

 

TOP STORY

Immigration notice for sponsors
 

ISSUES OF THIS MONTH

NEW from 1 Jan 2016: Centralised address for sponsorship notifications

 

Employees can be sacked for social media use, even outside of work

 

Regional concessions to be considered in Sc457 income threshold review

 

Quarterly report signals positive job outlook in Australian mining and energy sector

 

Hundreds of foreign students deported from Australia for visa fraud

 

NEW from 1 Jan 2016: Centralised address for sponsorship notifications

Anyone who sponsors a foreigner will be required to send any required notifications to the department of immigration to a centralised email address from January 2016: Sponsor.notifications@border.gov.au

Notifications by mail must be sent by registered post to the following postal addresses:

New South Wales

Sponsor Monitoring
GPO Box 9984
Sydney NSW 2001

Victoria

Sponsor Monitoring
GPO Box 241
Melbourne VIC 3001

Queensland

Sponsor Monitoring
GPO Box 9984
Brisbane QLD 4001

Western Australia

Sponsor Monitoring
Locked Bag 7
Northbridge WA 6865

South Australia

Sponsor Monitoring
GPO Box 2399
Adelaide SA 5001

Northern Territory

Sponsor Monitoring
GPO Box 864
Darwin NT 0801

Australian Capital Territory

Sponsor Monitoring
GPO Box 717
Canberra ACT 2601

Tasmania

Sponsor Monitoring
GPO Box 794
Hobart TAS 7001

The changes were specified in instrument IMMI 14/138.

Notifications are generally required to be made within 28 days of the event. The type of events where notifications must be provided are specified in subregulation 2.84(3) of the Migration Regulations. There are a range of events specified and include the cessation or expected cessation of the visa holder’s employment; a change in the visa holder’s work duties; a change in the visa holder’s address or contact information; and certain high-level personnel changes at a sponsoring company.

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Employees can be sacked for social media use, even outside of work

sacking employees for social media use in office

AFTER a long day at work keeping face and kissing butt, it can be a relief to get home, turn off the proverbial filter and relax.

But in the age of social media, public and private time is blurred.

A questionable tweet, post or comment while sitting on your couch at night can cost your job – whether it is about work or not.

That was the experience this year of one man who publicly shared a screen shot of a woman’s Tinder profile with a snide remark.

After the post attracted nasty and threatening comments towards the woman, it went viral with the hashtag “sexual violence won’t be silenced” and ended with the man being fired.

The content was not related to any workplace, employer or company and was posted outside of work hours but Johnathan Mamaril, principal and director of employment law specialists NB Lawyers, says this does not matter.

“The main rationale behind the dismissal of (this man) would have been the ability to bring the company’s reputation into disrepute, whether it was realised or not,” Mamaril says.

“The mere perception has the damaging effect already.”

Mamaril says all employers should have a social media policy but especially if they have a reliance or presence on social media, if they actively advertise through social media, if employees identifies themselves on social media as working for the company, or if employees use social media as a marketing tool for their job.

“Employers can take action against an employee for inappropriate social media use as long as they have a social media policy in place and have some type of training regarding the policy,” he says.

Another recent case was hotel manager Michael Nolan who lost his job after calling feminist commentator Clementine Ford a “sl**” on Facebook.

Ford shared a screen shot of their interaction to her 80,000 Facebook followers and tagged Nolan’s employer.

Read more

For further information please contact Jonathan Mamaril, Principal on 07 3876 5111 or email jonathanm@nb-lawyers.com.au or visit our website www.lawyersforemployers.com.au.

Jonathan Mamaril, Principal & Director, NB Lawyers
07 3876 5111
LAWYERSFOREMPLOYERS.COM.AU

 

Regional concessions to be considered in Sc457 income threshold review

Australian Immigration inister cannot back heartless decision

An evidence-based review of the Temporary Skilled Migration Income Threshold (TSMIT) for sc457 workers is underway, according to a recent statement from the office of the Minister of Immigration and Border Protection.

The last sc457 review recommended that the TSMIT is frozen at $53,900. In October, as part of the compromise to allow the passage of China-Australia Free Trade Agreement the Coalition government agreed to a review of the TSMIT. At that time, the opposition demanded an increase in the TSMIT to $57000.

Various industry bodies described the demand as unreasonable. Immigration Department figures obtained by The Australian show that, of the 13,239 visas granted under the 457 category to the end of September, 3581 fell below the proposed $57,000 threshold, equivalent to 27 per cent or over a quarter of all visas granted. Of those, 581 or 4.4 per cent of the 457 visas granted were right on the current threshold of $53,900, notes The Australian.

The Minister has appointed Mr John Azarias to undertake the review which will consider a range of issues including the factors that should determine the settings, the appropriate base level, and the roles of indexation and regional concessions for the TSMIT.

The TSMIT defines the salary threshold for jobs that can be filled by a 457 visa holder and is designed to protect Australian workers and ensure that visa holders are undertaking skilled employment.

The Minister said the review's terms of reference were consistent with the Government's commitment to ensuring the 457 programme acted as a supplement to, and not a substitute for, local workers and the protection of potentially vulnerable foreign workers in Australia.

"As the chair of the independent panel which undertook the 457 Integrity Review in 2014, Mr Azarias brings extensive knowledge of the 457 programme to the conduct of this review," Mr Dutton said.

Mr Azarias will provide a report to Government at the end of April 2016.

 

Quarterly report signals positive job outlook in Australian mining and energy sector

Australia Mining and Energy Sector

The mining and energy sectors in Australia provide a lot of jobs for skilled overseas workers and despite claims that the resources industry is under pressure it is expected to continue doing so in 2016.

The latest Resources and Energy quarterly report from the department of industry, innovation and science, shows that in the final quarter of 2015 mining alone has increased its contribution to Australia’s economy by 50% over the last decade from 6% to 9% of GDP.

Australia’s resources and energy export earnings are forecast to be $166 billion. Although these figures are down on last year due to lower commodity prices, export earnings are projected to grow by more than 40% to $235 billion in real terms by 2019/2020.

The report highlights that mining alone continues to directly employ 220,000 people and many more indirectly, although it also points out that short term challenges do exist for these important sectors.

The report explains that slower economic growth in emerging economies is likely to limit consumption growth and a significant price recovery for commodities in the short term.

However, there are positive signs, most notably that global LNG demand is forecast to increase by 8% with Australian exports forecast to increase by 45% to be worth more than $20 billion in 2015/2016.

Australian iron ore export volumes are forecast to grow by 13% in 2016 and world copper, nickel, and zinc consumption are each forecast to increase by more than 3% in 2016.

 
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Hundreds of foreign students deported from Australia for visa fraud

students deported from Australia

HUNDREDS of international students were deported last year for breaching the conditions of their student visas, including by supplying bogus documents or risking the safety of others.

Immigration officials have booted 298 foreign students out of the country, and requested thousands more leave the country voluntarily.

Federal government figures supplied to the Senate show 10,949 foreign students have had their visas cancelled in the last year for a wide variety of breaches.

More than 520 foreigners who claimed to be studying at universities or vocational colleges were exposed for not even being genuine students.

Nine students had their visas cancelled for supplying bogus documentation in support of their applications to study here, and almost 20 were found have provided false information to authorities.

Another 20 students had their visas revoked for more serious offences including posing a risk to the health or safety of the community.

Opposition higher education spokesman Kim Carr said it was disturbing that about five per cent of student visa cancellations occurred because the person was not a genuine student.

“This is an extremely important industry in terms of its contribution to the economy and you want to be certain the quality assurance regime is there to protect students and to make sure people aren’t getting into the country in breach of their conditions,” he said.

The federal government has introduced a strengthened visa screening process, which came into effect from the beginning of the month.

Mr Honeywood said it would ensure Australia continues to have the most stringent visa screening processes in the world, by focusing additional screening activities on the regions where most of the suspect student visa applications were coming from.

Currently students from China, South Korea, India, Vietnam and Thailand had the highest visa number of visa cancellations.

 
 

We hope that you have found the information in this issue of our newsletter to be enriching and useful. Stay tuned for our next publication and if you would like to talk to us directly, please do not hesitate to email service@noborders-group.com. In addition, if you would like your contact details updated or removed from this distribution list or you know someone who would like to be added, please email us on the same address.

"The only limits to being the person you truly want to be are your own self-limiting beliefs and thoughts. In every moment, you have the power to choose your life"

 
 

No Borders Group

Email: service@noborders-group.com
Phone: (+61) 07 3876 4000

 
 

NO BORDERS Universal Migration
Level 4, 20 Park Road
Milton 4064
Queensland
AUSTRALIA