Recently, the Fair Work Ombudsman (FWO) and Australian Border Force (ABF) visited organisations employing sponsored Subclass 482 visa holders, focusing on sponsorship obligations.
The inspections primarily targeted fast food outlets, restaurants, and cafés, but also extended to retail, hair and beauty, wholesaling, and manufacturing sectors. Inspectors reviewed wage records, timesheets, and conducted on-site interviews with employees to assess compliance with workplace laws.
With these ongoing compliance checks, it is clear that inspections can happen without notice and across any industry. Organisations must be fully prepared for documentation reviews, staff interviews, and visa compliance checks. Is your organisation equipped to face a compliance visit without risking penalties or sanctions?
What happens during a compliance visit
- Document audits: inspectors review payroll, timesheets, contracts, and employment records.
- Employee interviews: staff may be interviewed to verify their entitlements and working conditions.
- Work rights checks: ABF officers ensure sponsored workers are in their approved roles.
- Sponsor obligation review: employers are assessed on their adherence to reporting requirements and compliance with visa conditions.
Government initiatives to protect migrant workers
The Australian Government has introduced two programs to address migration-related barriers that can deter temporary migrants from reporting exploitation or seeking workplace justice:
- Strengthening Reporting Protections Pilot: reduces barriers for migrants reporting exploitation.
- Workplace Justice Visa Pilot: provides visa protection for workers seeking justice. Read more here.
Key sponsorship obligations every organisation must meet
- Pay correctly: meet Australian wage standards.
- Maintain accurate records and cooperate with inspectors: maintain detailed records (document payroll, tax, and employment information) and supply them upon request.
- Employ sponsored workers only in their nominated occupation: workers must perform only their nominated duties. New nominations are required for different roles.
- Report changes: notify the Department of Home Affairs within 28 days about business or employment changes.
- Prevent exploitation: uphold safe and lawful working conditions.
- Cover all sponsorship-related costs: sponsorship and recruitment costs must not be passed to employees.
Refer to the Department of Home Affairs’ website for comprehensive details on your responsibilities.
Consequences of non-compliance
- Administrative actions: loss of sponsorship privileges, suspension, or cancellation.
- Civil penalties: up to AUD 396,000 for corporations and AUD 76,200 for individuals.
- Employer prohibitions: bans on hiring migrant workers for serious breaches.
How Absolute Immigration can support your organisation
Absolute Immigration provides expert support through compliance audits and training programs. Our team helps you meet obligations and address compliance issues to minimise risk. Contact us today for expert assistance at aisupport@absoluteimmigration.com.
