Those who have gone to Australia to study carry with them the eagerness of their parents` expectations that one day they will be able to use their studies and make great efforts in the workplace.
However, the reality is often not satisfactory, immigration policy is gradually tightened, natti, pte, spouse bonus, "Australian dream" people, but the reality of a loud slap in the face.
Another graduation season, many students walked out of the campus ivory tower, only later realized that the diploma of a famous school, sometimes not equal to the door of the famous enterprises.
Even if it is difficult to find a suitable job, the long internship period, less than Australia`s minimum hourly salary, make students feel even more confused.?
No matter how hard we work, can`t we break the "ceiling" of our profession?
What`s more, those who want to stay in Australia on employer-guaranteed visas have full control of the "right to live and kill" in the hands of employers, who have to bite their teeth and endure completely unfair treatment for the long-term plans of immigrants.
On June 18 th, the Fair work Committee announced a wave of latest results. A Melbourne-based dental clinic was charged with underpaying a worker on a 457 work visa between 2012 and 2014, totaling 36693 Australian dollars.
The clinic`s host physician and dentist were juxtaposed with defendant. If the lawsuit is established, the individual presiding physician will face a fine of up to 6300 Australian dollars and the clinic may have to pay a further 31500 fine. These fines were paid to government, who is to be compensated for the shortage of the employee pay clinic to be paid separately. [note! This is only a violation of these provisions under the fair work law punishment. Other penalties in immigration, labor safety or tax laws follow!]
457 visa in previous life and this life
Everyone has heard of Australia`s famous 457 visa, when the Australian government decided to cancel it was a howl.
The serious abuse of the visa led to government`s decision to close it. The new job visa, known as the short-term skills shortage visa (Temporary Skill Shortage Visa), code 482.
Because the Immigration Service has a painful memory of the 457, they called it the TSS visa, not the 482 visa.
Immigration Service teamed up with Fair work Committee
Since September last year, the Immigration Board and the Fair work Committee have decided to work together to crack down on the practices of local employers selling visas and treating foreign workers. One of the basic operating principles is:
If the worker has a job visa, the result is to be treated by the employer, and the labor comes to the fair work committee to report your employer, as long as the labor promise that the future will not be repeated, in principle, the immigration department will keep his visa.
So if you want to stay in Australia, keep in mind not to touch the thunder pool of illegal visa trading. If you feel that you are being treated unfairly with your employer, don`t just put up with it.
The Melbourne Dental Clinic, mentioned earlier, was hired as a dental technologist. The guarantor of his 457 visa is the dentist`s clinic.
The clinic paid the client about 15 Australian dollars an hour. The fair work committee calculates a client`s actual minimum salary in accordance with the Medical Specialty and Auxiliary Services Ordinance 2010 (Health Professionals and Support ServicesAward 2010 that he should apply. Under the regulations, the Fair work Commission found that the pay of the clients did not meet the minimum standards stipulated in the regulations; in addition, the pay for night overtime and holiday schedules (usually several times the hourly salary required by the regulations) was not calculated and paid in accordance with the regulations. Under the Protection of vulnerable employees Act (Fair Work Amendment (Protecting Vulnerable Workers) Act 2017) passed last year, such offences are punishable on a one-on-one basis and are usually prosecuted together with the person in charge. If the circumstances are serious, each "crime" company can impose a penalty of 630,000 Australian dollars and a personal penalty of 126,000 Australian dollars.
Determination of applicable occupational regulations and statutory minimum work treatment
All visa-guaranteed employers and guarantors should be aware that you must comply not only with immigration laws but also with professional regulations with regard to wages and other working conditions. In practice, we see that many employers, employees, and even immigration officials are not very familiar with professional regulations. But the people on the Fair work Committee are well aware. So not necessarily 457 visa application, on behalf of immigration approved labor conditions must be legal. Note that when applying, the Immigration Board asks the employer to sign his own certificate of guarantee to ensure that the labor conditions provided by him comply with the relevant professional regulations. The Immigration Service does not have the profession and obligation to help employers determine whether the employer actually complies with the relevant professional regulations.
Work visa guarantee employer and holde
If you are not sure whether your occupation and position are covered by any professional regulations, or if there is a conflict in the relevant laws (such as immigration and labour laws), please contact us as soon as possible. Pay attention to the cases accepted by the Equity Commission and are not limited to those who currently hold a work visa. As long as you have worked as an employer, you may become a potential defendant, and as long as you have received a visa, you may have the right to earn it back.
