There are a number of obligations that 457 employers must be willing and able to meet. Some examples are given below.
Ensure that the cost of return travel for a 457 employee (and accompanying family member) is met to return them to their home country, if claimed by the worker or Dept of Immigration prior to the worker departing Australia.
Pay all medical or hospital expenses for any 457 employees (and accompanying family member) for treatment in a public hospital (other than expenses that are met by health insurance or reciprocal health care arrangements) - this undertaking continues until all expenses are paid.
Repay the Australian Government for money it spends as a result of the 457 employee's stay in Australia - these costs may include those relating to locating and detaining the 457 employee (and accompanying family member) if they become unlawful, removing them from Australia and processing any application that they make for a protection visa - this undertaking also continues until all costs are paid.
457 employers must comply with immigration laws:
- Comply with responsibilities under Australian immigration laws
- Not employ a person who would be breaking Australian immigration laws by being employed
- Ensure that the 457 employee is paid at least the minimum 457 salary level that applies at the time the decision is made on their visa or market rates as from 01-01-2010.
457 employers must cooperate with the Immigration Department
Notify the Immigration Department within 5 working days after a sponsored 457 employee ceases to work for the sponsoring employer
Notify the Immigration Department of:
- Any change in circumstances that may affect the 457 employer's capacity to honour its sponsorship undertakings
- Any change to the information that contributed to the 457 employer's ability to be approved as a 457 sponsor or the approval of a 457 nomination
- Cooperate with monitoring of the business or of any sponsored employees. This undertaking continues until the earlier of the following:
- When the 457 employee leaves Australia and their visa ceases, or when the 457 employee is granted another substantive visa
457 employers must comply with the terms of the nomination
- Employers must notify the Department of Immigration of any change in the employee's work location if the approval of the nomination is granted on the condition that the employee must be working in a particular location.
- Employers must comply with all relevant laws relating to workplace relations and any workplace agreements that have been put in place for the 457 employee
- Employers must make superannuation contributions required for employees while they are employed by the business (as per current laws governing employers' compulsory contributions)
- Deduct tax instalments and make payments of tax on behalf of the 457 employee to the Australian Tax Office while they are employed by the business.
A full list of sponsorship obligations will be provided & explained before you proceed.
