Common use of TEMPORARY FOREIGN LABOUR Clause in Contracts

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia who is employed or engaged to undertake building work by the Employer. 51.2 The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged to ensure the job security of the Employees covered by this Agreement. 51.3 The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia who is employed or engaged to undertake building work by the Employer. 51.2 . The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged to ensure the job security of the Employees covered by this Agreement. 51.3 . The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 . The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 . Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 49.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia who is employed or engaged to undertake building work by the Employer. 51.2 49.2 The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged to ensure the job security of the Employees covered by this Agreement. 51.3 49.3 The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 49.4 The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 49.5 Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia (within the meaning of the Migration Act 1958 (Cth) who is employed or engaged to undertake building work by the Employer. 51.2 . The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged so as to ensure the job security of the Employees covered by this Agreement. 51.3 . The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and; (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 . The Employer will, within 7 days of receiving a written request from the Union an Employee provide evidence demonstrating its compliance with clause 41 of this clauseAgreement. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 . Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 2.14.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia (within the meaning of the Migration Act 1958 (Cth) who is employed or engaged to undertake building work by the Employer. 51.2 2.14.2 The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged so as to ensure the job security of the Employees covered by this Agreement. 51.3 2.14.3 The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer Employer demonstrates that no Australian citizen or Australian permanent resident who have applied is suitable for the job; and. (e) 2.14.4 Where the Employer intends to engage temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached they will firstly consult with their Employees, and their representative/s, to demonstrate compliance with the Union.steps set out in clause 12.14.3(a) to (d), and, 51.4 The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 2.14.5 Where an employer engages Employer is found by the Fair Work Commission to have engaged temporary foreign labour other than in breach accordance with the requirements of this clauseclause 2.14, the position shall, as soon as practicable, be re-advertised and filled by the employer Employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia (within the meaning of the Migration Act 1958 (Cth) who is employed or engaged to undertake building work by the Employer. 51.2 . The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged so as to ensure the job security of the Employees covered by this Agreement. 51.3 . The Employer will not engage temporary foreign labour unless: (a) i. the position is first advertised in Australia; and (b) ii. the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) iii. any skills or experience requirements set out in the advertising were appropriate to the position; and (d) iv. the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and; (e) v. temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 . The Employer will, within 7 days of receiving a written request from the Union an Employee provide evidence demonstrating its compliance with this clauseclause 478 of this Agreement. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 . Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia (within the meaning of the Migration Act 1958 (Cth) who is employed or engaged to undertake building work by the Employer. 51.2 . The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged so as to ensure the job security of the Employees covered by this Agreement. 51.3 . The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and; (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 . The Employer will, within 7 days of receiving a written request from the Union an Employee provide evidence demonstrating its compliance with this clauseclause 48 of this Agreement. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 . Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. ‌ 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia who is employed or engaged to undertake building work by the Employer. 51.2 The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged to ensure the job security of the Employees covered by this Agreement. 51.3 The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “"temporary foreign labour” " means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia who is employed or engaged to undertake building work by the Employer. 51.2 . The Employer recognises that the engagement of temporary foreign labour may undermine the job Job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged to ensure the job security of the Employees covered by this Agreement. 51.3 . The Employer will not engage temporary foreign labour unless:; (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 . The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 . Where an employer engages temporary foreign labour in breach of this clause, . the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia (within the meaning of the Migration Act 1958 (Cth) who is employed or engaged to undertake building work by the Employer. 51.2 . The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged so as to ensure the job security of the Employees covered by this Agreement. 51.3 . The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and; (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 . The Employer will, within 7 days of receiving a written request from the Union an Employee provide evidence demonstrating its compliance with this clauseclause 478 of this Agreement. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 . Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with within Australia who is employed or engaged to undertake building work by the Employer. 51.2 The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged to ensure the job security of the Employees covered by this Agreement. 51.3 The Employer will not engage temporary foreign labour as Employees unless: (a) the position is first advertised in Australia; and; (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) or individuals with unrestricted work rights would be likely to be informed about the position; and; (c) any skills or experience requirements set out in the advertising were appropriate to the position; and; (d) the employer Employer demonstrates that no Australian citizen or Australian permanent resident or individual with unrestricted work rights is suitable for the job; and; (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written written agreement has been reached with the Union. 51.4 The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 Where an employer Employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer Employer strictly in accordance with this clause.

TEMPORARY FOREIGN LABOUR. 51.1 50.1 In this clause the term “temporary foreign labour” means a person that is not an Australian citizen or Australian permanent resident or does not have rights to work and live permanently with Australia who is employed or engaged to undertake building work by the Employer. 51.2 50.2 The Employer recognises that the engagement of temporary foreign labour may undermine the job security of the Employees covered by this Agreement. The parties wish to limit the circumstances in which temporary foreign labour can be engaged to ensure the job security of the Employees covered by this Agreement. 51.3 50.3 The Employer will not engage temporary foreign labour unless: (a) the position is first advertised in Australia; and (b) the advertising was targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens and Australian permanent residents (within the meaning of the Migration Act 1958 (Cth) would be likely to be informed about the position; and (c) any skills or experience requirements set out in the advertising were appropriate to the position; and (d) the employer demonstrates that no Australian citizen or Australian permanent resident is suitable for the job; and (e) temporary foreign labour will be engaged in accordance with this Agreement, and (f) Written agreement has been reached with the Union. 51.4 50.4 The Employer will, within 7 days of receiving a written request from the Union provide evidence demonstrating its compliance with this clause. Nothing in this clause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 51.5 50.5 Where an employer engages temporary foreign labour in breach of this clause, the position shall, as soon as practicable, be re-advertised and filled by the employer strictly in accordance with this clause.