Item 2 – Obligation to ensure equivalent terms and conditions of employment
The obligations in regulations 2.79 and 2.79A of the Migration Regulations apply and are varied to include the following additionalobligations.
The Approved Sponsor must:
employ the Primary Sponsored Person on a full time basis;
only deduct payments from the Primary Sponsored Person’s salary with the consent and written permission of the Primary Sponsored Person;
pay the Primary Sponsored Person a Top-Up if an equivalent Australian is paid more than the Primary Sponsored Person in any twelve-month period for equivalent work:
this amount should equal the difference between the amount paid to the equivalent Australian and the amount paid to the Primary Sponsored Person for the twelve-month period; and
this amount is to be paid to the Primary Sponsored Person in the month following the twelve-month period
Item 3 – Obligation to pay travel costs to enable sponsored persons to leave Australia
Item 4 – Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non-citizens
Item 5 – Obligation to keep records
Item 6 – Obligation to provide records and information to the Minister
Item 7 – Obligation to provide information to Immigration when certain events occur
Item 8 – Obligation to ensure Primary Sponsored Person works or participates in Nominated Occupation, program or activity
Item 9 – Obligation not to recover, transfer or take actions that would result in another person paying for certain costs
The obligation in regulation 2.87 of the Migration Regulations applies and is varied to include the following additional obligations
The Approved Sponsor cannot recover costs including but not limited to;
the Approved Sponsor’s recruitment costs; and
English language testing and/or training for Primary Sponsored
Where the Approved Sponsor provides accommodation and/or board:
it must not be compulsory for the Primary Sponsored Person to accept the accommodation and/or board;
it can only be charged at a fair and reasonable market rate; and
charges for accommodation and/or board must satisfy the Commonwealth as being fair and reasonable and meet workplace
Schedule 6 Additional sponsorship obligations specific to this Agreement
The additional obligations listed below are applicable and commence when the Primary Sponsored Person commences his or her employment or engagement with the Approved Work Sponsor, and ends on the earlier of the day on which the Primary Sponsored Person:
is granted a further substantive visa that is:
not a TSS or SESR visa; and
in effect; and
ceases employment or engagement with the Approved Work
Item 1 – Obligations not to recruit where money owed
The Approved Work Sponsor must not Nominate Primary Sponsored Persons or Secondary Sponsored Persons who it has assessed, reasonably suspects or ought to reasonably suspect of owing money because of being recruited
Item 2 – Obligations to pay salary directly
An Approved Work Sponsor must pay the Nominee directly, including taxes and superannuation. These payments must be made from the organisation’s Australian bank account.
Item 3 – Obligations regarding salary deductions
An Approved Work Sponsor may not deduct an amount from an amount payable to a Primary Sponsored Person unless the deduction is authorised:
in writing by the employee and is principally for the employee’s benefit; or
by the employee in accordance with an enterprise agreement; or
by or under a modern award or a Fair Work Act order; or
by or under a law of the Commonwealth, a State or a Territory, or an order of a court
Item 4 – Labour hire providers and employment arrangements
The Approved Work Sponsor must ensure that where they utilised a labour hire or recruitment company to source an Overseas Worker that such providers are licensed in accordance with any relevant state or territory legislation
The Approved Work Sponsor must also ensure that each Overseas Worker works directly for them once employed
Schedule 7 Information to be provided to the Department
The Sponsor must provide the following documentation to the Department when requested or when seeking additional Nomination Ceilings:
updated Workforce Plans;
evidence of labour market testing that has been undertaken during the last 12 months;
evidence that the Sponsor has a strong record of, or a demonstrated commitment to, employing local labour and non-discriminatory employment practices;
evidence of salary arrangements for, and amounts paid to, Primary Sponsored Persons;
details of any breaches of immigration or other Commonwealth or State laws;
the dates and numbers and Occupations of any and all Australian workers who have been retrenched or made redundant in the past 12 month period; and
