Understand TSS SC 482 Obligations: Direct Employer or Associated Entity
Under the Temporary Skill Shortage (TSS) visa (subclass 482) requirements, a visa applicant must be employed in their nominated occupation, and their position must meet specific location criteria based on the type of sponsoring business. This ensures a direct employer-employee relationship, which is fundamental to the visa's integrity.
What Is the Sponsor’s Obligation for Temporary Skill Shortage Visa (Subclass 482)?
1. Employment Location
Australian Business Sponsor: The applicant can work either within the sponsoring business or an associated entity of that business.
Overseas Business Sponsor: The applicant must work within the sponsoring business.
2. Direct Employer-Employee Relationship
The intention behind this requirement is to maintain a clear employer-employee relationship unless the occupation is exempted under relevant legislation. Below are the critical characteristics of this relationship:
Contractual Engagement: The employee must have a formal contract with the employer.
Control Over Employment: The employer must have the authority to appoint or dismiss the employee.
Provision of Work Environment:
Place of work
Tools and materials necessary for the job
Work Parameters:
Task allocation
Supervision of work
Output assessment
Salary Payments: The employer must pay the employee's salary and meet all taxation obligations, including withholding PAYG taxation.
Conditions of Service include leave provisions, workplace health and safety (WHS) responsibilities, and compliance with workplace relations laws.
Superannuation Contributions: The employer must contribute to the employee's superannuation as the law requires.
WorkCover Payments: The employer is liable for WorkCover payments and other insurances related to the employee's work.
3. Responsibilities of the Sponsor
The sponsor must uphold these responsibilities concerning their nominated employee (the TSS 482 visa applicant). If the sponsor is an Australian business, these obligations extend to associated entities under the Corporations Act 2001.
What are the exceptions and considerations?
Exempt Occupations
Certain highly skilled occupations, such as general managers or medical professionals working in multiple locations, may allow for greater mobility between employers. Relevant legislative instruments outline these exceptions.
On-Site Work for Unrelated Businesses
It is permissible for visa holders to perform work on the premises or tools of unrelated businesses, provided the primary control and responsibility remain with the sponsoring employer. For example, an accounting firm can send a TSS visa holder to audit an unrelated company if the accounting firm retains overall control of the employee’s tasks.
Labour Hire Restrictions
If a sponsor shares control of employment aspects with another business, they may be seen as supplying labour, disqualifying them from meeting TSS 482 visa requirements. For instance, an on-hire business placing a visa holder at another company to fill a vacancy would not satisfy the visa criteria, as the on-hire company remains the employer.
How Can Agape Henry Crux Help
Understanding the direct employer-employee relationship under the TSS Subclass 482 visa is crucial for compliance. Employers must ensure they meet all responsibilities and control their employees' work conditions. For any questions or concerns, contact our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux for valuable guidance and support throughout the process. The team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
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