Monthly Archives: August 2018

training benchmark vs SAF   The Migration Amendment (Skilling Australians Fund) Bill 2017 and the Migration (Skilling Australians Fund) Changes Bill were passed this year by the Australian Senate. The Skilling Australians Fund (SAF) levy impacts employers sponsoring overseas workers on both temporary and permanent visas. The Migration (Skilling Australians Fund) Charges Act 2018 (the SAF Charges Act) is related to the ‘nomination training contribution charge’ payable by persons who are responsible to pay the charge under the Migration Act 1958 and the Migration Regulations 1994. The charge is levied on employers who nominate workers for temporary or permanent skilled work visas including: · Temporary Skill Shortage (TSS) (subclass 482) visa · Employer Nomination Scheme (ENS) (subclass 186) visa · Regional Sponsored Migration Scheme (RSMS) (subclass 187) visa Five states have signed the Agreement: New South Wales, South Australia, Tasmania, Australian Capital Territory and Northern Territory. These states will have the opportunity to develop projects for consideration by the Australian Government The SAF Charges Act commences on 12 August 2018. Section 7 of the SAF Charges Act enforces the charge payable under section 140ZM of the Migration Act. Section 140ZM is introduced by the Migration (Skilling Australians Fund) Act 2018, which also commences on 12 August 2018. The amount of the charge applicable to nominations made from 12 August 2018 have been recommended by the Migration (Skilling Australians Fund) Charges Regulations 2018 as follows:
  • Nominations that relate to temporary visas incur a charge of AUD 1200 per year of the proposed visa period. For businesses with an annual turnover of at least AUD 10 million, a charge of AUD 1,800 per year of the proposed visa period. This charge is applicable to nominations for the new Subclass 482 (Temporary Skill Shortage) visa, (Subclass 482) which commenced on 18 March 2018, and nominations of holders of the Subclass 457 {Temporary Work (Skilled) visa (Subclass 457)}, which was repealed on 18 March 2018
  • Nominations that relate to permanent visas incur a once only charge of AUD 3,000. For businesses with an annual turnover of at least AUD 10 million, a once only charge of AUD 5,000 is implied. This charge applies to nominations for the Subclass 186 (Employer Nomination Scheme) visa (Subclass 186) and the Subclass 187 (Regional Sponsored Migration Scheme) visa (Subclass 187); and
  • An exception to both categories would be that the charge would be nil if: 1. the nomination relates to a Subclass 186 (Employer Nomination Scheme)visa in the Labour Agreement stream; and 2. the application for approval of the nomination identifies the occupation of minister of religion or religious assistant
  • The charge replaces requirements in the Migration Regulations requiring sponsors under the temporary sponsored work visa program, or employers nominating a worker for the Direct Entry stream of the Subclass 186 visa, to have recently spent:
  1. the equivalent of at least two per cent of their business’ payroll in contributions to an industry training fund (training benchmark A); or
  2. the equivalent of at least one per cent of their business’ payroll on the training of Australians (training benchmark B).

Dutton won’t Surrender “Australian Sovereignty” By Signing UN Migration Deal

Australian Minister for Home Affairs, Peter Dutton has confirmed that the country will not be signing the United Nations global compact on migrants and refugees. Even though Australia played a key role in the drafting of the negotiation agreement, Dutton has refused to sign it in its “current form” because it compromises nation’s sovereignty.

“We’re not going to sign a deal that sacrifices anything in terms of our border protection policies. We’ve fought hard for them,” said Dutton.

Refugees who arrive by boat to the continent are detained in offshore processing centres on Nauru in the Pacific and Manus Island in Papua New Guinea, as stated by Australia’s current law and policies on border protection.

“Our government has detained 120 children in an island prison for five years. Twelve people have died. Children as young as 10 are trying to kill themselves,” said an extremely disappointed Daniel Webb, the Director of legal advocacy at the Human Rights Law Centre.

According to Amnesty International’s Head of Refugee and Migrant Rights, Charmain Mohamed, the global compact on migration and refugees reflects the great effort to create an extensive transformation in the way refugees are being treated by various governments.

Human Rights Advocates from all over the world fear that Australia will be the third UN member to reject the global impact, following United States that rejected it last year and Hungary that withdrew from the deal last week.

The final draft of the compact states that, “Countries need to review and revise relevant legislation, policies and practices related to immigration detention to ensure that migrants are not detained arbitrarily, that decisions to detain are based on law, are proportionate, have a legitimate purpose, and are taken on an individual basis, in full compliance with due process and procedural safeguards.”