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New! Priority Migration Skilled Occupation List

New! Priority Migration Skilled Occupation List

A new Priority Migration Skilled Occupation List (PMSOL) was announced on 2  September 2020.

Occupations

This list aims to support Australia’s economic recovery after COVID-19 based on advice from the National Skills Commission and consultation with relevant Commonwealth agencies, and comprises:

  • 111111: Chief Executive or Managing Director
  • 133111: Construction Project Manager
  • 233512: Mechanical Engineer
  • 253111: General Practitioner
  • 253112: Resident Medical Officer
  • 253411: Psychiatrist
  • 253999: Medical Practitioner nec
  • 254111: Midwife
  • 254412: Registered Nurse (Aged Care)
  • 254415: Registered Nurse (Critical Care and Emergency)
  • 254418: Registered Nurse (Medical)
  • 254422: Registered Nurse (Mental Health)
  • 254423: Registered Nurse (Perioperative)
  • 254499: Registered Nurses nec
  • 261312: Developer Programmer
  • 261313: Software Engineer
  • 312911: Maintenance Planner

The PMSOL will be reviewed and updated regularly depending upon its impact and changes in the economy.

Exemptions and Priority Cases

Offshore visa holders who have been sponsored by an Australian business in a PMSOL occupation can request an exemption from Australia’s travel restrictions but will be subject to a strict 14 day quarantine period on arrival at their own expense.
Continue reading…

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Tougher Labour Market Testing and Nomination requirements due to COVID

New! Tougher Labour Market Testing and Nomination requirements due to COVID

The Australian Government has recently taken steps to protect job opportunities for Australians in response to the COVID-19 pandemic and fill gaps in critical sectors.

New Rules

As a result, current labour market testing requirements(LMT) have been enhanced to ensure that Australian workers are prioritised for job opportunities in Australia.

Specifically, a new legislative instrument has been introduced and requires any future nominated positions to be advertised on the Government’s Jobactive website.

This measure is in addition to the requirement for at least two advertisements in one or more mediums outlined in the existing policy.

Businesses that are considering employing overseas skilled workers on a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa will have to abide by these requirements.

Key Date and Exceptions

The enhanced LMT requirements apply to nominations lodged on or after 1 October 2020. 

The amendment will not affect nominations lodged prior to 1 October 2020 or nominations for a select occupation or a select position to which alternative evidence arrangements apply.

More Attention

There will be more attention given to employer nominations in relation to Australian workers in similar occupations when considering whether there is a genuine need for an overseas worker including:
Continue reading…

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New! Travel Exemptions

New! Travel Exemptions

Due to COVID-19, currently only Australian citizens and permanent residents are permitted to enter Australia. However, immediate families of Australian citizens or permanent residents with a temporary visa and skilled individuals in certain critical sectors can apply for an exemption from the current restrictions to enter the country.

Exemption Request

From 2 September 2020, visa applicants or current visa holders who are working and/or sponsored in a Priority Migration Skilled Occupation List (PMSOL) may be eligible to request an exemption to enter Australia. There is no need to hold a current visa to lodge the exemption request.

To apply for a travel exemption applicants need to provide certain mandatory information to the Department and complete and pay for a mandatory 14-day quarantine period.

Next Steps 

We can assist you with your application to the Department for a travel exemption if you are:

  • an immediate family member of an Australian citizen or permanent resident
  • a sponsored employee whose occupation is on the current PMSOL

    • Continue reading…

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Insolvency Relief Extended until New Years!

By Hayley Hitch, an Associate of Matthews Folbigg Lawyers in our Insolvency, Restructuring and Debt Recovery Group

The Morrison Government earlier this year introduced the Coronavirus Economic Response Package Omnibus Act 2020 (Cth) which came into effect on 25 March 2020 to provide relief to individuals and entities under the Corporations Act 2001 (Cth), Bankruptcy Act 1966 (Cth) and supporting legislation. These changes were due to expire on 25 September 2020, where the legislation was expected to revert back to its former position where, for example, statutory demands and bankruptcy notices required a 21 day response period.

You may recall our earlier blog which goes into some detail about these changes, this may be viewed here.

The Morrison Government has however today extended the operation of the relief provided (and described above) until 31 December 2020. This means that:

  1. Any statutory demands issued under the Corporations Act 2001 (Cth) on or before 31 December 2020 will need to provide the debtor with a period of 6 months to respond and be for at least $20,000;

    2. Continue reading…

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Danger – COVID-19 Safe Harbour Flaw Requires URGENT External Administrator Appointment

A fatal flaw exists in the government’s COVD-19 safe harbour legislation. This means directors must appoint an external administrator to their company on or before 24 September 2020, if they wish to take advantage of the COVID-19 safe harbour protection from insolvent trading.

At the beginning of the global pandemic the Australian Federal Government introduced temporary legislation to protect directors from liability for insolvent trading during the global COVID-19 pandemic. This safe harbour protection from insolvent trading will excuse directors for liabilty in respect of debts incurred in the ‘ordinary course of business’ during the operation of the temporary legislation, presently due to expire at the end of 24 September 2020.

However, for reasons which are not clear, but possible linked to the urgency with which the legislation was passed, the drafters included an additional fundamental and crucial requirement to gain the benefit of this COVID-19 safe harbour protection from insolvnt trading. That requirement is that in order to gain this COVID-19 safe harbour protection, an external administrator (either a voluntary administrator or a liquidator), must have been appointed before the legislation expires at the end of 24 September 2020.
Continue reading…

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Simone Brew appointed Managing Director of Matthews Folbigg Lawyers

1 September 2020

Matthews Folbigg Lawyers is delighted to announce the appointment of our new Managing Director, Simone Brew. Simone is the head of the firm’s Litigation, Planning and Local Government groups.

Matthews Folbigg Lawyers is the premier medium sized firm in Western Sydney, based in Parramatta, with 8 practice groups and over 60 lawyers and legal service professionals. This is the first time in the firm’s 60 year history that the firm has had a female Managing Director. Even more notably the firm is owned 50% by our experienced female lawyers.

Chairman of Matthews Folbigg Lawyers, Jeff Brown said “Matthews Folbigg is delighted to announce Simone’s appointment as Managing Director. She has been an integral part of the firm’s Executive group for many years and in particular has been instrumental in leading the firm’s response to the COVID-19 pandemic. This is just one example of the strengths that make her qualified to lead our firm into the future”.
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Winter is Coming – COVID-19 Changes Insolvency Law

By Anica Cunanan, Law Clerk at Matthews Folbigg in the Insolvency, Restructuring and Debt Recovery Group

The unprecedented financial impact of COVID-19 has forced the laws surrounding insolvencies to change – well at least temporarily.  Analogous to the process of containing the virus, the Government is currently deciding on temporary changes to also flatten the curve of the inevitable insolvencies following this pandemic.

The Treasurer has been given a temporary instrument-making power in the Corporations Act 2001, for a period of six months, in order to provide temporary relief to distressed businesses. This was announced by the Government on 12 March 2020.

By way of summary these changes may include the following:

  1. A temporary increase in respect of the debt for which creditors may issue a statutory demand – from $2,000 to $20,000;
  2. Further, extension of the time for compliance with a statutory demand – from 21 days to six months;
  3. An increase in the threshold for initiating bankruptcy proceedings;

    4. Continue reading…

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Adverse Action – Employee Wins Their Job Back and Back Pay!

Following an initial decision in 2018, the Federal Circuit Court has ordered that a company:

  • reinstate a senior executive
  • pay him almost $1,000,000 in back pay

after it had dismissed the executive for making complaints about a lower level employee.

The Court rejected the company’s arguments that:

  • it was inappropriate to reinstate the employee because his role had been filled
  • no other vacancies existed within the company’s organisation

The Facts

In essence:

  • the employee was a South Pacific and South-East Asia Regional Leader
  • the employee began experiencing difficulties with the region’s HR Manager who regularly disregarded his reasonable instructions and was uncooperative and hostile towards him
  • the employee complained to the company’s senior management who blamed him for his devolving relationship with the subordinate HR Manager
  • the HR Manager placed the employee on a performance improvement plan
  • the company subjected the employee to an ethics investigation and ultimately dismissed him on performance grounds
  • the employee alleged that the performance improvement plan, ethics investigation and dismissal were motivated by his complaints about the HR Manager

    • Continue reading…