Common use of Visa Compliance Clause in Contracts

Visa Compliance. 18.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 – Consultation of this Agreement. 18.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 of the Agreement. 18.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 16.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 11 – Consultation of this Agreement. 18.2 16.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 10 of the Agreement. 18.3 16.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 16.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 16.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, ) is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, citizen or Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 15.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 11 – Consultation of this Agreement. 18.2 15.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 10 of the Agreement. 18.3 15.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 15.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 15.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, ) is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, citizen or Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 17.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 – Consultation of this Agreement. 18.2 17.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 of the Agreement. 18.3 17.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 17.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 17.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 16.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 0 – Consultation of this Agreement. 18.2 16.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 of the Agreement. 18.3 16.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 16.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 16.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 14.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 11 – Consultation of this Agreement. 18.2 14.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 10 of the Agreement. 18.3 14.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 14.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 14.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, ) is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, citizen or Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 – Consultation of this Agreement. 18.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 of the Agreement. 18.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 17.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 – Consultation of this Agreement. 18.2 17.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 of the Agreement. 18.3 17.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 17.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 17.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, Australian permanent resident or person with unrestricted work rights is suitable for the job.

Visa Compliance. 18.1 20.1 The Employer will ensure all Employees are lawfully entitled to work in Australia performing work under the Agreement. In circumstances where the proposed employment of overseas workers on any temporary visa forms part of a “major workplace change”, the Employer acknowledges its obligations to consult in accordance with clause 12 – Consultation of this Agreement. 18.2 20.2 Should the Parties find themselves in disputation under this clause as to whether an Employee is entitled to work in Australia and/or is paid the appropriate rates, and the dispute is not able to be resolved at the workplace level, the matter shall be referred to the Disputes Panel under clause 11 of the Agreement. 18.3 20.3 The Employer will maintain HR systems (including utilising the VEVO system on an ongoing basis), to ensure that temporary foreign Employees are at all times employed in accordance with the conditions of their visas. 18.4 20.4 Existing and prospective Employees will be required to complete an Authority obtained from the DHA with details of immigration status. No person will be allowed to undertake any work for the Employer unless it is verified that he/she has the right to work in Australia. 18.5 20.5 The Employer must ensure that no person who is not an Australian citizen or Australian permanent resident (within the meaning of the Migration Act 1958), or does not otherwise have unrestricted work rights, is employed to undertake building work for the Employer 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 Australian citizens and Australian permanent residents 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, Australian permanent resident or person with unrestricted work rights is suitable for the job.