Employers who sponsor foreign workers under the Subclass 482 (Temporary Skill Shortage), 491 (Skilled Work Regional), and 186 (Employer Nomination Scheme) visa programs must understand that sponsorship comes with legal responsibilities. One key obligation is to ensure that the terms and conditions of employment for overseas workers meet, at a minimum, the National Employment Standards (NES).
The Department of Home Affairs, in conjunction with the Fair Work Ombudsman, expects that all sponsored workers are treated fairly and lawfully. This includes granting them the same workplace entitlements as Australian workers in comparable positions. Failing to meet these obligations can lead to sanctions, including cancellation of sponsorship approval and future ineligibility to sponsor workers.
What Are the National Employment Standards?
The NES is a set of 11 minimum entitlements for employees under the Fair Work Act 2009. All employers, including those who sponsor workers under skilled visa programs, must ensure compliance with the following:
- Maximum Weekly Hours – A maximum of 38 ordinary hours per week, plus reasonable additional hours.
- Requests for Flexible Working Arrangements – Eligible employees can request changes to work arrangements, such as start and finish times or remote work.
- Casual Employment Provisions – Rights relating to conversion from casual to permanent employment and access to certain leave types.
- Parental Leave and Related Entitlements – Up to 12 months of unpaid parental leave and a right to request an additional 12 months.
- Annual Leave – A minimum of four weeks’ paid leave per year for full-time employees.
- Personal/Carer’s Leave, Compassionate Leave, and Family and Domestic Violence Leave – Entitlements to paid and unpaid leave for health and family-related matters.
- Community Service Leave – Leave for certain community activities, such as jury duty or emergency service.
- Long Service Leave – Entitlements that accrue based on years of continuous service, as governed by state or territory laws.
- Public Holidays – Paid days off for public holidays unless reasonably requested to work.
- Superannuation Contributions – Employers must make contributions in accordance with the Superannuation Guarantee (currently 11% of ordinary time earnings).
- Notice of Termination and Redundancy Pay – Employees must receive appropriate notice and, where applicable, redundancy entitlements.
- Information Statements – All employees must be provided with the Fair Work Information Statement (FWIS), and casuals must also receive the Casual Employment Information Statement (CEIS).
Your Responsibilities as a Sponsor
As an approved sponsor, you must ensure that the employment terms for your sponsored workers are no less favourable than those provided to Australian citizens or permanent residents performing equivalent work in the same location. This includes not just salary and hours, but access to leave, superannuation, and workplace protections.
Sponsored workers must also be given clear written contracts and access to information about their rights. You are legally required to provide the Fair Work Information Statement on commencement of employment—and in the case of casual workers, the CEIS as well.
Final Thoughts
Compliance with the NES is not just a best practice – it is a legal obligation. When sponsoring workers under the 482, 491, or 186 visa programs, aligning your employment practices with the National Employment Standards helps ensure you remain in good standing with the Department of Home Affairs. It also protects your business from audits by the Australian Border Force which can result in your sponsorship being cancelled and subsequent linked visas also being cancelled, which can have negative trickle-on consequences.
If you’re unsure whether your employment arrangements meet these obligations, consult a registered migration agent or employment law professional. Proactive compliance is always more effective than reacting to enforcement action.