Overseas Workers - Your Obligiations

Do you have overseas workers in your business or are you looking to employ someone immigrating to Australia?You need to be aware of Australian migration obligations and what they mean for your business.

Many employers do not realise the sponsorship obligations they signed up for when becoming an approved sponsor under the 457 visa program.
As an employer, are you meeting the training benchmark requirements to become an approved business sponsor and maintaining them for the life of the Sponsorship?
There are benefits to you as an employer in transitioning a 457 visa holder over to a permanent visa.

CCI Migration Services (MARN 1382192) has a range of free fact-sheets and can help you understand your obligations as an employer of an overseas worker.

Download our free fact-sheets

CCI Migration Services (MARN 1382192) provides expert advice with 45 plus years combined experience in immigration. We can help review your skilled migration requirements, provide efficient visa processing and make sure you meet Australian immigration obligations.

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    Happy and Prosperous Newyear

    Bosses split over extra trading hours


    WA business groups appear divided on Perth's extended pre-Christmas trading hours,
    with small business interests claiming neither shoppers nor retailers were
    taking up the opportunity. The Council
    of Small Business Organisations of Australia said yesterday that visits to 16
    metropolitan shopping centres last Sunday between 9am and 11am and after 4pm
    suggested there was little demand for the extra trading hours.

    "In one suburban centre only two of about 10 shops were open by 9.15am while up to
    half the shops in other centres, including the bigger centres, were closed until
    at least 9.45am," the business council's executive director Peter Strong
    said. "A number (of shopkeepers and
    retail staff) said that shoppers were disinterested or unaware of the extra
    Sunday hours."

    Some retailers doubted the value of the extra Sunday trading hours and there were
    centres where shops did not open until about 11am and closed early, Mr Strong
    said. He said the number of customers
    was also low, with even the bigger shopping centres attracting only 50 to 70 customers
    before 10am.

    The business council's concerns did not appear to be shared by the Chamber of
    Commerce and Industry WA, which said extended trading hours meant Perth
    retailers "will better be able to compete for Perth shoppers' Christmas

    "Allowing retailers to open when it best meets the needs of shoppers is vital for the
    future success of the industry, which competes with an online market that
    doesn't have trading restrictions," the chamber's corporate communications
    general manager Tim Bray said,

    In November, the State Government agreed to let metropolitan retailers trade from
    8am to 6pm on the three Sundays before Christmas and on Boxing Day. Commerce Minister Michael Mischin said shops
    had the option to open for extended trading during the week and on Sunday but
    there was no obligation to do so. (SOURCE:
    The Weekend West, 14.12.13)

    Redundancy payments - employers must be compliant

    Did you know that employees could be deemed to be redundant if their employment
    ends for any reason other than misconduct or refusal of duty?

    This means employees are entitled to redundancy payments if their employment is
    terminated or if they resign after one year's service. All employers are
    required to pay redundancy pay, including small businesses and sole traders
    employing workers. Employees are entitled to redundancy pay under the award
    based on the amount of time they've been working for your business.

    Preparing for new anti-bullying laws

    should start preparing for the new anti-bullying laws due to commence on 1
    January 2014.

    Scope of new laws

    The requirement to comply with the new anti-bullying measures extends to all
    organisations which are 'constitutionally covered'. Generally speaking this
    will include all Pty Ltd companies. The new laws will allow 'workers' who
    reasonably believe they have been bullied at work to apply to the Fair Work
    Commission (the FWC) for an order to stop the bullying. 'Workers' are defined
    to include not just employees, but also contractors, subcontractors, work experience
    students and volunteers.

    The new changes do not create an offence of bullying in the workplace. instead, the
    amendments identify actions and behaviours that may constitute workplace
    bullying and provide for the FWC to make orders directed at stopping that

    The Fair Work Act 2009 (Cth) (FW Act) will provide that a worker is 'bullied at
    work' if an individual (or group of individuals) 'repeatedly behaves
    unreasonably' towards the worker and that behaviour creates a risk to the
    health and safety of the worker. The definition expressly excludes reasonable
    management action carried out in a reasonable manner. However, 'reasonable
    management behaviour' is not defined.

    The role of the Fair Work Commission

    The new provisions will require the FWC to start dealing with a bullying complaint
    within 14 days of receiving an application, The FWC will have the power to require
    an employer to provide it with documents, including any internal anti-bullying
    processes, and information about any management action that may have been
    taken. The FWC also will have the power to convene a conference between the parties
    or hold a formal hearing.

    If the FWC is satisfied that the worker has been bullied, and there is a risk that
    the worker will continue to be bullied, it may make an order preventing
    bullying. However, the FWC cannot order reinstatement or the payment of
    compensation. Furthermore, an individual cannot be subject to criminal or civil
    sanctions as a result of an application unless that person fails to comply with
    an order made by the FWC.

    If a person fails to comply with an order, a penalty may apply. The maximum penalty
    is $10,200 for an individual or $51,000 for a corporation, per breach.

    Preparing for the new laws

    These provisions are another reason why businesses ought to review their internal
    processes for dealing with bullying. Employers can benefit greatly from developing
    and implementing a clear anti-bullying policy that ensures that any allegation
    of bullying is promptly dealt with before it has a chance to negatively impact
    on a worker's health and wellbeing or on the other individuals within the

    Proposed amendments

    Although these amendments to the FW Act were enacted by the previous Labor Government,
    the current Coalition Government has said that it will retain them subject to
    two proposed variations. The Coalition proposes that:

    Before applying for an order to stop bullying, a worker ought to first seek
    preliminary help, advice or assistance from an independent regulator; and

    • The new anti-bullying laws should be expanded to include union officials and their
    conduct towards managers, employers and •
    The new anti-bullying laws should be expanded to include union officials and
    their conduct towards managers, employers and workers.

    As no Bill has been put before Parliament, there is no indication of when these
    proposed changes are likely to be passed or come in to effect. (SOURCE/EXTRACT: MBA masterbuilder,
    DEC-JAN 2013/14)

    To read more on the following recently added
    articles, go to http://www.ibcwa.org.au/

    UK Trade & Investment British
    Chancellor delivers budget update amid strong economic indicators

    Combined Small Business Alliance
    (CoSBA) - News and Updates

    Trade Economist Says China Could Lose
    Its Competitive Edge Due to Rising Worker Wages

    N. Korea gives more trade autonomy to

    Maritime Trade Volume Rose 4.3% in
    2012, Report Reveals

    Malaysia On Track To Achieving RM160
    Billion In Bilateral Trade With China

    Japan logs 1st current account deficit
    in 9 months

    FDI - Independent Strategic Analysis of
    Australia's Global Interests

    Chinese exports exceed expectations on
    strong foreign demand, trade surplus swells

    China pressed to compromise and restart
    tech tariff negotiations

    Burundi, Kenya, Rwanda, Tanzania and
    Uganda will establish common currency

    And much more

    This is IBC's last e-mail advice for
    2013. Our news and events column will be updated from time to time over
    the holiday period and you are invited to visit our web site and keep up to

    We wish all of our members and supporters a Happy Festive Season and a
    successful New Year.

    Nifnex Business Review