In short: A sponsored employee's contract must match the nomination, with pay at or above the $79,423 Core Skills Income Threshold. It must also leave every sponsorship cost with the employer and respect the 180-day rule on termination.
Why the contract and the nomination must agree
Our migration team lodges the nomination. Our commercial team drafts the contract. Both documents describe the same job, so they must say the same thing. The Department reads the contract as evidence of the position. Fair Work reads it as the employment bargain. A contract that drifts from the nomination creates a problem in both places.
The employer who signs the contract must be the approved sponsor or an associated entity. We check the ABN and ACN on both documents before anything is signed. A group with several entities often gets this wrong.
Salary: the nomination figure and the threshold
The 482 nomination states guaranteed annual earnings. That figure must be at least the Core Skills Income Threshold, $79,423 from 1 July 2026. It must also be at least the annual market salary rate for the role. The contract must state the same figure or a higher one. It should express the salary as base salary before superannuation, so the two documents can be compared line by line.
We avoid contracts that bundle superannuation into a package number. We also avoid discretionary bonuses that the nomination counted as part of annual earnings. If the threshold rises at a later indexation, the contract's review clause should let the salary follow it. The same logic applies when the employee moves to the 186 through the two-year Temporary Residence Transition plan.
Position description and the ANZSCO occupation
The nomination names an ANZSCO occupation and describes the tasks. The contract's position description should track those tasks closely. A generic duties clause that lets the employer move the employee to any other role is a risk. Moving a 482 holder into a different occupation requires a new nomination first. We draft the flexibility clause so that any change of role stays within the nominated occupation. Anything wider triggers a conversation with the migration team.
Location matters too. If the nomination names Melbourne, a clause allowing relocation anywhere in Australia is inconsistent. The 482 also requires a full-time position. Part-time and casual arrangements do not fit.
No cost recovery
A sponsor must not recover or transfer the costs of sponsorship to the employee. That covers the Skilling Australians Fund levy, the nomination charge, and migration advice paid for the sponsorship or nomination. It also covers recruitment costs for the role. A clawback clause that makes the employee repay these on resignation breaches the sponsor obligations under the Migration Regulations 1994.
The employer may pay the employee's own visa application charge as a benefit. It cannot then deduct it from wages. Training bonds for genuine external courses can still be lawful, but we draft them separately and with care.
Restraint clauses
A restraint is enforceable in Victoria only if it is reasonable to protect a legitimate business interest. Courts read them narrowly. For a sponsored employee, an unreasonable non-compete has an extra cost. It may stop the person finding a new sponsor in the 180-day window. The Commonwealth has also announced a ban on non-compete clauses for many employees from 2027. We draft restraints around confidentiality and non-solicitation first, and keep any non-compete short and local.
Termination and the 180-day rule
When a 482 holder stops working for the sponsor, the sponsor must tell the Department within 28 days. The employee then has up to 180 days at a time to find a new sponsor or another visa. The total across the visa is 365 days. They can work for other employers during that period.
The contract should reflect this. Notice periods must meet the Fair Work Act 2009 minimums. A clause requiring the employee to leave Australia on termination is unenforceable and inconsistent with the visa. The contract should record that the employer will meet its return travel obligation if the employee asks. We also add a clause requiring the employee to tell the employer about any change in visa status.
Checklist before signing
Standard clause, sponsored version
| Clause | Standard contract | Sponsored contract |
|---|---|---|
| Duties | Any duties reasonably directed | Duties within the nominated occupation; a change needs a new nomination |
| Location | Any location in Australia | The location in the nomination, varied only by agreement |
| Salary | Total package including super | Base salary before super, at or above the nomination figure |
| Costs | Clawback of recruitment costs on early exit | No recovery of any sponsorship or recruitment cost |
| Termination | Notice under the Act | Notice under the Act, Department notification and the return travel obligation |
Two common mistakes we fix
The contract predates the nomination
Many employers hire the person first on a different visa, then sponsor them. The old contract stays in the file with a lower salary or a wider duties clause. We issue a fresh contract, or a variation deed, dated before the nomination is lodged.
The salary in the contract is a package figure
A package figure that includes superannuation may fall below the nomination figure once super is removed. We restate the salary as base plus super, so the comparison with the threshold is clear on the page.
Who does what at K & K
The migration team confirms the occupation, the salary and the sponsor entity from the nomination. The commercial team drafts the contract around those three facts. Sam Kanjo works across both files on sponsored employment; the team page has his background. For a fixed fee quote on a single contract or a full set of templates, contact us.
Frequently asked questions
Can the employer pay less than the nomination figure during probation?
No. The salary in the nomination is the minimum from day one. Probation can affect notice periods, not pay.
Can the contract require the employee to repay the SAF levy if they resign early?
No. Recovering the levy from the employee breaches the sponsor obligations, and the clause would be unenforceable.
What happens to the contract when the employee moves from a 482 to a 186?
The employment continues. We check the salary still meets the 186 nomination and update the contract if needed.
Does the employee have to leave Australia when the employment ends?
Not immediately. A 482 holder has up to 180 days at a time to find a new sponsor or another visa.
This article relies on the Migration Regulations 1994 and the Fair Work Act 2009. The Core Skills Income Threshold is as at 1 July 2026.
General information as at 2 September 2026. Not legal advice. Thresholds and sponsor obligations change, and the right contract turns on your own facts, so obtain advice before signing.