find the latest legal job
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Legal Inhouse / Lawyer / Company Secretary
Category: Other | Location: Brisbane QLD 4000
· Fantastic Company · Potential to be Part Time / Flexible Work Pattern
View details
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Employers: know your obligations to your overseas workers, or face the consequences!

Employers: know your obligations to your overseas workers, or face the consequences!

Promoted by MIA.

THE SUBCLASS 457 Temporary Work (Skilled) is the most commonly used visa for sponsoring skilled overseas workers to fill shortages in Australia.

The 457 Temporary Residence program is designed to enable employers unable to source appropriately skilled Australian employees, to address labour shortages by sponsoring genuinely skilled workers from overseas. Australian employers who resort to employing 457 visa skilled workers must agree to abide by a stringent set of obligations in order to gain approval to sponsor overseas workers with equally stringent obligations towards 457 visa holder employee. These obligations encompass immigration, employment and taxation legislative requirements with severe sanctions where it is found that there have been breaches of these obligations. The purpose of enacting such obligation being the protection from exploitation of overseas workers. 

Overseas workers represent more than 50 per cent of all complaints made to the Fair Work Ombudsman. Conveniently, Fair Work Australia, the Department of Immigration and Border Protection and the Australian Tax office share information when investigating these complaints. While there may well be rogue employers in the marketplace, the sheer complexity of the sponsoring employer’s obligations and lack of understanding of their responsibilities can easily lead employers, especially those in small business, to make inadvertent breaches which can carry serious consequences. Many sensible employers seek the assistance of migration law professionals to help them understand their legal obligations as a sponsor of overseas workers and to prepare the complex applications required to engage such workers. This preventative measure should always be offered to clients as it will avoid a lot of issues going forward. 

This challenging and interesting area of law can be demystified enrolling to do the MIA’s Immigration Essentials for Lawyers program, which takes up from the basics to the essentials for practice in the area.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Employers: know your obligations to your overseas workers, or face the consequences!
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 23 2017
Education a passion for YL president
Promoted by University of Melbourne. Melbourne Law Masters student Phoebe Blank is successfully j...
Crowd
Nov 23 2017
Anti-radicalisation programs playing ‘second fiddle’ to terrorism laws
Several academics have questioned the balance between Australia’s counterterrorism legislation and...
 William Ah Ket
Nov 23 2017
‘Bamboo ceiling’ thought piece wins inaugural law prize
A paper that explores the idea of affirmative action to achieve greater diversity among members of A...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...