Assessment of Nominated Earnings for TSS

Our clients are aware of the importance of providing accurate information relating to the monetary and non-monetary earnings of an overseas employee sponsored for a TSS visa. The “nominated earnings” are confirmed in the Department’s approval letters.

In order to comply with its sponsorship obligation, an employer must ensure that:

• the annual earnings are not less than these “nominated earnings”;
• not less than what would be received by an equivalent Australian worker; and
• employment conditions (other than earnings) are no less favourable than would be received by an equivalent Australian worker.

An employer may fail to comply in circumstances such as the following:

• the sponsored employee had to work hours in excess of what was approved in order to be paid the “nominated earnings”;
• the earnings of an equivalent Australian worker have increased since the time of approval, and the sponsored employee’s salary has not; and
• the value of non-monetary benefits are not received to the appropriate value, and are not provided  monetarily to the sponsored employee.

Whatever the outcome of the next Federal election, it is clear that the Government will continue to allocate resources to protecting the rights of workers, and underpayment of sponsored employees is an area of great concern, especially in key industries such as hospitality.

We encourage all sponsors to carefully review and seek professional advice on employment terms and conditions to ensure compliance with sponsorship obligations. Please contact your advisor at Ajuria Lawyers to discuss any concerns.

DISCLAIMER This information is current as of 17 April 2019 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.