Many Australian businesses operate across multiple offices, branches, construction sites, client premises or states. As these businesses grow, employees may be required to travel between locations or work from different sites to meet operational needs.
For employers of sponsored workers, however, moving an employee between locations requires more than simply updating a work roster. The employer must consider the worker’s visa conditions, approved nomination details and the nature of the proposed arrangement.
A sponsored employee may be able to perform their duties across more than one location, but this will depend on the visa subclass, the nominated position and whether the arrangement represents temporary work travel or a substantive change to the employee’s work location.
Understanding these requirements can help businesses maintain operational flexibility while managing their immigration and employment obligations.
1. Understanding multi-location employment
Multi-location employment is common in industries where employees need to work across different business premises or project sites. For example:
- A construction company may require a sponsored engineer to attend several project sites.
- A healthcare provider may roster a sponsored practitioner across multiple clinics.
- A business with offices in different states may need a sponsored manager to visit or support each branch.
- A technical services company may send sponsored employees to client premises to complete installations or maintenance work.
These arrangements are not automatically inconsistent with employer-sponsored visa requirements. However, the employer should consider whether the employee is still performing the nominated role for the sponsoring business and whether the work locations are consistent with the relevant nomination and visa requirements.
The important distinction is between an employee performing their usual duties at different sites as part of their role and an employee being transferred to a substantially different work location or employment arrangement.
2. Visa and nomination details must be considered together
When an employer nominates a position for an overseas worker, the nomination is based on specific information about the role and the proposed employment arrangements. This may include the nominated occupation, duties, salary, employment conditions and the location or locations where the position will be performed.
For a Skills in Demand (subclass 482) visa, condition 8607 generally requires the visa holder to work in the nominated occupation and within the employment arrangements permitted by the condition. The applicable requirements also depend on the visa stream and the type of sponsor.
For example, the Core Skills and Specialist Skills streams generally allow the worker to work in a position within the sponsoring business or, in certain circumstances, an associated entity’s business. The Labour Agreement stream has different requirements.
This means employers should not assume that a worker can be assigned to any location simply because the business operates there.
Before arranging work across multiple sites, employers should review:
- Visa subclass and stream: Different sponsored visa programs may have different work and geographical restrictions.
- Visa conditions: The employee’s current visa conditions should be checked, including through VEVO where appropriate.
- Approved nomination: Review the nominated occupation, duties, salary and work location details.
- Employment arrangements: Confirm whether the proposed locations are within the sponsoring business or an eligible associated entity, where relevant.
- Regional restrictions: Consider whether the visa requires the worker to perform their nominated employment in a designated regional area.
For example, a subclass 494 visa has regional requirements. A worker holding this visa cannot simply be transferred to a workplace outside the permitted regional area without considering the applicable visa and nomination requirements.
The Department of Home Affairs also provides specific guidance for Skills in Demand visa holders when their work location changes. Employers should review this guidance before implementing a change.
3. Temporary travel versus a permanent change of work location
One of the most important considerations is whether the employee is travelling temporarily to another worksite or whether the employer is changing the employee’s substantive work location.
These arrangements should not automatically be treated as the same.
Temporary work travel
A sponsored employee may need to travel occasionally to another office, project site or client location to perform duties connected with their nominated position.
For example, a sponsored construction manager whose usual workplace is in Melbourne may be required to visit a regional project site for several days to inspect progress and coordinate work.
Where the employee continues to perform the same nominated role and the arrangement is genuinely temporary, this may be different from permanently relocating the position. However, the employer should still check the visa-specific location requirements and the details of the approved nomination.
Permanent or substantive location change
A different consideration applies where the employer intends to relocate the employee to another office or establish a new regular workplace.
For example, a sponsored employee originally nominated to work at a Sydney office may later be required to work permanently from the employer’s Brisbane office.
This change should be assessed before it takes effect. The employer should consider whether the new location is consistent with the nomination, whether the visa has geographical restrictions and whether the Department must be notified or a new nomination is required.
The Department’s guidance confirms that the requirements for changing a sponsored worker’s location depend on the visa they hold. Some visas require the worker to remain within a particular location.
Practical point: Employers should not rely solely on whether the change is described as temporary or permanent. The actual working arrangement, frequency of travel, duration, nominated position and applicable visa requirements should all be considered.
4. Employment and workplace obligations across locations
Immigration compliance is only one part of managing a sponsored employee across multiple locations. Employers must also ensure that the employee’s workplace rights and entitlements are maintained wherever they perform their duties.
Awards and employment conditions
An employee’s applicable modern award, enterprise agreement or employment contract may contain specific provisions about working away from their usual workplace.
Depending on the applicable instrument and circumstances, these provisions may cover:
- Travel time between work locations.
- Reimbursement of additional travel expenses.
- Use of a personal vehicle for work purposes.
- Accommodation and meal expenses when working away from home.
- Allowances for particular duties or working conditions.
For example, an employee required to travel between client locations may be entitled to travel-related payments under the applicable award. The entitlement will depend on the employee’s industry, duties and relevant award provisions.
Employers should not assume that the same travel or allowance arrangements apply to every sponsored employee. The relevant award or agreement should be checked before changing rosters or assigning employees to different sites.
Work health and safety
Employers must also consider the safety requirements of each workplace where the sponsored employee performs their duties.
A worker who regularly moves between offices, construction sites or client premises may be exposed to different workplace risks. These could include unfamiliar equipment, site-specific hazards, different safety procedures or varying supervision arrangements.
Under work health and safety laws, more than one business or person may have duties in relation to the same workplace. Where responsibilities overlap, duty holders may need to consult, cooperate and coordinate their safety arrangements.
For example, where a sponsored engineer is required to attend a construction site managed by another company, the employer should clarify site access requirements, safety inductions, reporting procedures and responsibility for managing workplace risks.
Consistency of employment arrangements
Employers should also ensure that changes in work location do not create inconsistencies in the employee’s employment arrangements.
For example, if a sponsored worker is transferred to another state, the employer should consider whether the employee’s salary, working hours, duties and reporting arrangements remain consistent with the approved position and applicable employment requirements.
A change in location should not become an informal way of changing the employee’s actual role or reducing their entitlements.
5. Multi-site workforce checklist for employers
Businesses managing sponsored employees across multiple Australian locations should establish a process for reviewing proposed work location changes before they take effect.
The following checklist can help employers identify matters that may require further assessment.
- Confirm the employee’s visa subclass and applicable visa conditions.
- Review the approved nomination and the work location details provided.
- Confirm that the employee will continue performing the nominated occupation and duties.
- Check whether the new location is within a permitted geographical area, particularly for regional visas.
- Confirm whether the location is part of the sponsoring business or an eligible associated entity, where relevant.
- Determine whether the arrangement is temporary travel or a substantive change to the employee’s usual workplace.
- Check whether the Department of Home Affairs must be notified or a new nomination is required.
- Review the employment contract, applicable award or enterprise agreement.
- Confirm any additional travel, accommodation, vehicle or location-based allowances.
- Review workplace health and safety requirements at the new site.
- Keep written records of the reason for the change, its duration and any approvals or notifications made.
- Keep records of location changes
Maintaining clear records is particularly important for businesses with employees working across multiple sites.
Employers should keep copies of relevant documents, including:
- Current employment contracts and position descriptions.
- Approved nomination details and visa records.
- Rosters, timesheets and work location records.
- Written instructions relating to temporary assignments or permanent transfers.
- Travel and accommodation expense records.
- Records of workplace inductions and safety assessments.
- Copies of any notifications or correspondence with the Department.
These records can help demonstrate that the employer has considered the relevant requirements and maintained appropriate oversight of the sponsored employee’s working arrangements.
Conclusion
Sponsored workers may be able to perform their duties across multiple Australian locations, but the arrangement must be assessed against the employee’s visa conditions, approved nomination and employment arrangements.
For businesses operating across several offices, states or project sites, it is important to distinguish between temporary work travel and a substantive change to the employee’s usual work location. A change that appears operationally straightforward may still raise immigration compliance issues, particularly where the visa has regional restrictions or specific nomination requirements.
Employers should review proposed changes before implementing them, maintain accurate employment and location records, and seek advice where the position or work location may no longer align with the approved nomination.
At Rehman Sheriff Group, we assist Australian businesses with employer-sponsored visa matters and sponsorship compliance. If your business is planning to move sponsored employees between locations or expand its operations across different states, our team can help assess the relevant immigration considerations.
Compliance disclaimer
This article provides general information only and should not be treated as legal advice. The requirements will depend on the employee’s visa subclass, visa conditions, approved nomination and individual employment arrangements. Employers should obtain advice before implementing changes to a sponsored employee’s work location or employment arrangements.
*Liability limited by a scheme approved under Professional Standards Legislation.*
