What the contruction sector needs to know
Employer sponsorship obligations continue after a worker’s visa is granted. This factsheet outlines the key compliance requirements for construction businesses and provides practical guidance for managing sponsorship requirements.
Challenging project sites, duties, and workforce arrangements can create additional sponsorship compliance challenges for construction businesses.
Why compliance matters
Meeting sponsorship obligations can protect your business from enforcement action. It can also support workforce continuity and maintain access to overseas talent as project and workforce needs evolve.
Key sponsorship obligations for construction businesses
As a standard business sponsor, you must meet ongoing sponsor obligations, and the following table outlines key areas and what they mean for construction businesses:
Employment conditions | Pay at least the approved nominated salary and maintain employment conditions, including equivalent terms and conditions where applicable. |
Nominated occupation | Ensure sponsored employees work within their nominated occupation and review proposed changes to duties before assigning different roles or projects. |
Record-keeping | Maintain accurate employment and payroll records, including evidence of where and how key sponsored employees are working. |
Notification requirements | Notify Home Affairs of any prescribed changes affecting your business or sponsored employees within the required timeframe. |
Sponsorship and nomination costs | Do not transfer prohibited sponsorship and nomination costs to sponsored employees. |
Monitoring and inspections | Cooperate with authorised officers, provide required information, and ensure records are up to date and accessible – seek professional immigration advice as required. |
Non-compliance | Failure to meet sponsorship obligations may result in infringement notices, civil penalties, compliance notices, enforceable undertakings, and/or cancellation of sponsorship approval, which may affect the ability to sponsor workers in the future. |
This factsheet provides a general overview of employer sponsorship obligations and common compliance considerations for construction businesses. Sponsorship requirements vary depending on the visa pathway and individual circumstances, and this factsheet should not be relied upon as a comprehensive assessment of compliance. Independent immigration advice should be sought before making decisions that may affect sponsorship obligations or sponsored employees.
How Mullins can help
Construction businesses can often face unique challenges due to changing project sites, workforce demands, and subcontracting arrangements. If you have concerns about whether your construction business is meeting its sponsorship obligations, please contact Corina Chen at Mullins Lawyers (cchen@mullinslawyers.com.au or 07 3224 0364) for an obligation-free discussion.
