Q What is an On-Hire Labour Agreement?
A. Entity Solutions’ On-Hire Labour Agreement provides Australian businesses with an alternative pathway to access skilled overseas workers under the 482 visa program. Our On-Hire Labour Agreement allows Entity Solutions to act as the sponsor and on-hire the employment of overseas workers in the fields of management, higher education, recruitment, marketing, finance, ICT, engineering and telecommunications.
Q Will a currently approved Standard Business Sponsor be able to continue sponsoring temporary visa holders for the new work visa after March 2018?
A. Yes, the changes are to the temporary work visa programme and not to business sponsorships. However, there will be changes to training requirements and the introduction of a training levy.
Q Our sponsored employee is no longer required in the nominated position. What do we need to do?
A. As part of your sponsorship obligations, you must notify the OHLA within 28 calendar days of your sponsored employee ceasing work. We can assist you with this process.
Q If our sponsored employee ceases work do we need to cover the cost of their return to their home country?
A. As part of your sponsorship obligations, you are required to pay reasonable and necessary travel costs to enable the sponsored employee (and their sponsored family members) to leave Australia. The sponsored employee must ask you in writing for the costs to be covered and the costs must be paid within 30 days of receiving the request.
Q As a business sponsor am I required to pay a sponsored employee a certain rate of pay?
A. Yes as a sponsor you need to pay a sponsored employee at least the minimum salary set for the 482 visa programme. You must also verify that your sponsored employee has the same terms and conditions of employment and is paid no less favourably than your Australian workers performing the same work in the same location. For some occupations, Caveats are in place that include a minimum salary above the current threshold.
Q What do I need to know if I want to terminate an employee’s contract?
A. Overseas workers are entitled to the same terms and conditions as those that apply to the Australian workforce. You can refer to the FairWork (www.fairwork.gov.au) website for further information.
Q Can the business seek reimbursement for 482 expenses from the employee?
A. No. It is against Australian immigration law to recover or pass on certain costs to another person that relate to the sponsorship and nomination of the worker, including migration agent fees, and administrative and recruitment costs. We can provide you with a complete list of this and the other obligations that apply to sponsors.
Q Our company’s Business Sponsorship is expiring. We have 482 workers. Do we need to keep our agreement current?
A. A current Business Sponsorship is required to lodge a nomination or visa. If you don’t have a need to lodge any applications it isn’t essential to apply for a new Business Sponsorship. However, it’s important to keep in mind that the sponsorship obligations that you agreed to when applying for approval as a sponsor remain in force for a period of time after the sponsorship has expired.
Q What are the requirements to nominate an employee under the Employer Nomination Scheme (ENS)?
A. The requirements vary depending on whether the application will be made under the Direct Entry stream or the Temporary Residence Transition stream. We will assess the company and the employee’s circumstances and determine which pathway is more favourable and provide specific guidelines based on your personal circumstances. The government has announced important and substantive changes and if your employee is considering applying for permanent residence it is advisable where possible to do this prior to March 2018.
Q Does the nominating business have to pay ENS expenses?
A. No the business is not required to pay costs of associated with the ENS application at the current time. In March 2018 however when the training levy is introduced the nominating business will be required to pay those fees.