Employing Visa Holders

Thursday, 19 October 2017

Grace Hotel
77 York St
Sydney NSW 2000

CLE points:    Four (4)

1.30pm    Introduction from Chair
Chair:    Arnold CONYER, Partner, Diamond Conway Lawyers

1.35pm   An Overview of Migration Law with Reference to Employer Sponsored Visa Holders
Topic 1: Peter BOLLARD, Accredited Specialist Migration Lawyer, Lewis & Bollard
•    A brief overview of the migration law system
•    When things go wrong - false information in visa applications, breaches of visa conditions and more
•    Options for permanent residence other than employer sponsorship

Topic 2: WHS Issues in Employing Visa Holders
Speaker: Katherine MORRIS, Partner, Norton Rose and Fulbright (WH&S)
Part 1: Case studies (problems and solutions)
•    WHS legal risk arising from visa holders’:
o    Challenges with reading, writing and speaking English
o    Different cultural approaches to safety (among other issues, such as hierarchy and working styles) in workers and managers
•    Companies entering Australia and relying on visa holders who lack understanding of Australian WHS regulatory requirements, regulators and sanctions.
Part 2: The connection between the globalisation of the workforce and the product supply chain, and the safety and legal risks arising from this.

3.25pm    Afternoon Tea

Topic 3: Recent 457 Changes
Speaker: Stewart COULSON, Principal Solicitor, Turner Coulson Immigration Lawyers
•    Approval as a standard business sponsor (Regulation 2.59 of the Migration Regulations 1994)
o    Onshore vs. offshore businesses
o    Requirement to train Australian citizens or permanent resident employees (Training Benchmarks A and B)
•    457 visa changes on 19 April 2017
o    30% reduction in “occupation list” - 651 to 435 occupations
o    Access to 59 other occupations restricted by operation of caveats
o    Short-term Skilled Occupation List (STSOL)
o    Medium and Long-term Strategic Skills List (MLTSSL)
•    457 visa changes on 1 July 2017
•    457 visa changes to be implemented from March 2018
•    Labour Agreements to remove or modify provisions of the 457 programme
•    457 to 186 Employer Nomination Scheme permanent visa pathways

Topic 4: Risks and Challenges for Employers in relation to Employment of Visa Holders
Speaker: David PRINCE, Partner Kinslor Prince Lawyers
•    Civil penalties and liabilities for breaches of the legislative framework
•    Responsibilities for contracted workers on visas
•    Regulation framework
•    Challenging the decisions of the Department

5.25pm – 5.30pm    Questions and Close


Grace Hotel
77 York St
Sydney NSW 2000