Apart from the rights provided to employees under the Fair Work Act 2009, employers of TSS 482 visa or 457 visa holders are also required to make sure employees are employed according to the Migration Act 1958.
As a sponsor, it is important to be aware of the obligations to ensure that your employees are employed under appropriate terms and conditions.
The key obligations include:
- providing the employee with equivalent pay to any Australian employee employed in the same occupation as the visa holder in your workplace
- your employee needs to perform the majority of duties that relate to the approved occupation
- on termination of employment to pay reasonable and necessary travel costs to allow your employee and their family to leave Australia to return back to their home country, ONLY if requested in writing by either the employee, their family or the Department of Home Affairs on your employee’s behalf
- the employee must not pay for any costs relating to their recruitment, or the costs associated with the business becoming or being an approved sponsor
- make sure that they do not work for any other employers without authorisation by the Department of Home Affairs
- pay the employee in a manner that is capable of being verified by the Department of Home Affairs (e.g. by electronic funds transfer or cheque)
If you have any questions or concerns as to how these may affect you, please feel free to contact me.
“Your Migration Partner”