If you are a business who holds a Business Sponsorship Agreement or a Labour Agreement, you are required to maintain your obligations for the full duration of your agreement, and up to two years after your agreement ends or you stop sponsoring an employee. These obligations include:
Pay the applicable application costs for the sponsorship and nomination applications
Ensure equivalent terms and conditions of employment for the sponsored employee
Not engage in discriminatory recruitment practices
Notifying of relevant changes to your business
Notifying if the sponsored employee ceases employment or changes roles
Pay the cost for the employee who has ceased employment to leave the country if applicable
Keep records showing how the business has complied with their obligations
Cooperate with inspectors and give them access to your premises and records if applicable
The Department of Home Affairs will monitor your compliance with your sponsor obligations when you are a sponsor and up to five years after your sponsorship ends. They will also monitor your sponsored employees to ensure they comply with their visa conditions. They may also cross reference information from other government department such as the Australian Tax Office and FairWork.
Inspectors from the Department of Home Affairs may conduct a Compliance Audit at any time and with minimal notice. If an audit is conducted and the inspectors believe a breach has occurred, then they may issue what is called a Notice of Intention to Take Action (NOITTA). If a breach is proven, there can be several consequences, known as “sanctions” which could include:
Temporary suspension or cancellation of your Sponsorship Agreement and being barred from future applications
Large fines and penalties for the business and associated individuals
Being published on a list of sanctioned sponsors which is publicly available
Oz Migration’s approach to Compliance and Audits is to ensure our clients are informed and educated in all details of their sponsorship obligations. Oz Migration can offer consultancy services to ensure that your obligations are being met on an ongoing basis, and can assist with periodical reviews. We can also provide on-site representation for site inspections and audits.