The employment contract for a 482 nomination: what it has to show

Why the contract matters to the nomination

A standard business sponsor must employ the nominated worker under a written contract of employment, and the Department expects a copy signed by the employer and the worker with the nomination. The decision-maker reads it alongside the nomination form, the position description, the genuine position statement and the market salary evidence. When those documents tell the same story, the contract is unremarkable. When they do not, it becomes the reason for a request for more information or a refusal.

What it must show

• The parties: the sponsoring business (or the associated entity where the rules allow) as the employer, and the worker as an employee
• The position: a title and duties that match the nominated occupation and the position description
• The salary: the annual earnings as nominated, at or above the threshold for the stream and in line with the market rate, with what is and is not included stated plainly
• Hours and type of employment: ordinary hours, full time or part time as nominated
• Location: the work location or locations named in the nomination
• Commencement and duration: a start date consistent with the nomination and a term that does not run past what the visa allows
• Conditions: leave, overtime and other entitlements under the relevant award or agreement

The no-less-favourable test

The worker's terms and conditions must be no less favourable than those an Australian worker would receive for the same work in the same place. That covers pay and the rest of the package. If the business has Australian staff in the same role, their terms are the benchmark; if it does not, the award, the enterprise agreement or market evidence is. A contract that clears the income threshold but pays less than the person at the next desk still fails.

Mistakes that stall nominations

• A salary that does not match the nomination form or the market salary evidence, often because one includes superannuation and the other does not
• A job title from a template that describes a different occupation from the one nominated
• The wrong employer: a related company, a trust or a franchisor named instead of the sponsor
• A contractor or casual arrangement where the nomination says full-time employee
• Unsigned or undated copies, or a contract dated before the labour market testing finished
• Clauses that recover costs from the worker: sponsorship and nomination costs belong to the employer, and recovering them from the worker is unlawful

After the grant

The nominated earnings become a floor for as long as the worker is sponsored. Paying less for the same work, moving the worker into a different occupation, or changing the location without the right steps can breach the sponsor's obligations. Changes to the contract after the grant should be checked against the nomination before they are signed.