Our colleagues Christina Lien and Sarah Loch-Wilkinson attended the Conference last month and we thought that we would send you some fast facts that may be of interest:
- 31,000 SID (the new subclass 482 ) visas lodged since launch, 21827 on hand
- TSS (The old 482 ) still on hand 31,811
- 31% decrease in student visa lodgements
- 39.5% decrease in 485 visa applications
- A current Review of regional migration settings is currently taking place by the Immigration Department– there has been 300 submissions, 22 in person sessions, 15 virtual, 1000 participants. It was stated that there are challenges with offering a simplified system v catering to location specific regional needs.
- Working holiday makers (subclass 417 and 462) , very strong recovery 2022-2023 and 2023-2024 higher than pre-pandemic levels. Increase from UK cohort with drop in need for “farm work” – 167% increase in applications.
- 5 year business visa for ASEAN & access to frequent traveller stream. Doesn’t include Myanmar.
- Increased levels of fraud detection, more non-genuine intent detected.
The Fair Work Ombudsman and Australian Border Force (ABF) officers site visits.
Following on from the noted increase levels of fraud detection discussed at the law conference, we note that in February, there was a series of surprise inspections of about 40 Melbourne businesses employing migrant workers. The joint inspections follow similar audits of food businesses in Sydney in November and Brisbane in October
What did the inspectors look for ?
Fair Work Inspectors checked time and wage records, including pay slips, to ensure that migrant workers were being paid their correct wages and entitlements. Inspectors also ensured workers had been provided the Fair Work Information Statement and Casual Employee Information Statement.
The focus of the joint inspections was on fast food outlets, restaurants and cafés, but inspections also extended to businesses in the retail, hair and beauty, wholesaling, and manufacturing sectors.
The on-the-ground inspections, targeted those employing sponsored visa holders under the Temporary Skills Shortage (subclass 482) visa.
Criminal penalties under the migration laws include up to two years’ jail and/or a fine of up to $118,800.
Need more information ?
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50. Information can also be provided to the FWO anonymously, including in 16 languages other than English.
The FWO has resources for visa holder workers. The FWO also has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and for any franchisees.
Employers can also use the FWO’s pay calculator and Small Business Showcase. Employees can also seek information from their employer or their union, if they are a member.
Information on the new criminal underpayment laws, for intentional underpayments, can be found at Criminal prosecution (fairwork.gov.au).
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