D J Smith

Hi ah

I have been working in Australia for nearly two years on a company sponsored 457 visa.
I signed a contract before I started working here and typical me never really read or understood it.
Now the job is coming to an end and I see in my contract it says any Superannuation Payment that my company has paid will be claimed back by me but then I have to pay it back to the company.......

This sounds wrong? Is this ok legally?
Should that not be MY money?
or because I singed that paper am I now binded to a contract to hand it back?

confused
Darron

Bermudashorts

I would first of all ask a mod to move your question to the main Australia forum as it is not really a matter of immigration / citizenships etc and more people will read it in there.

Personally, I would tell the company to %&@! off. I have never heard anything like that before, outrageous.

Alfresco

Thread moved.

Weeharkin

Hi Dj,

I have read your post and have to say it does not sound legal, note I'm not a lawyer so this is only my opinion, look at it this way, your employer sponser you on the 457 visa, an obligation of an employer in Oz is to pay a min. super fund to you, your on a temp 457 visa, you would always be leaving Oz once the visa expired, so I would suggest that the employer are breaking the law in the sense that they are wanting to take this money of you, thus they are not paying any super to you in essence, I hope you can use this as and argument back to them, too many skilled people come to this place and our expertise is somewhat stolen in the fact we dont have the benefits that the average somewhat Aussie has, hope this helps, as Bermuda shorts has written, politely tell them to F#$% OFF

D J Smith

OK

Well I think it sounds wrong but dont know much about it?

I guess I'm looking for someone to say,

Yes! they are within there right to ask for it back when your 457 is cancelled.......
OR
No! thats your money and this is why.....

any help or advice much appreciated.

Darron

Shenni

Was your super not part of your wage package, if so its your money, otherwise they should have increased your pay by the amount paid into the super fund in my opinion

D J Smith

I’m on an overseas contract but the company paid me a market equalization allowance uplift each day worked. They told me I would be equal to my corresponding Australian classification, but now that I'm near the end of my contract they are only giving me a 3rd of the pay out, and taking my super back. I never saw this in the paperwork that I signed and just trusted them when they told me I would be equal......
The payout I can’t fight as I signed the contract, however the super I feel may be against the law to demand I pay it back???

Pollyana

Have a look through the forum for a poster called Alan Collett; he would probably know if its legal or not - he's a migration agent, but also a UK & Aus tax expert.

Bermudashorts

I don't understand what you mean. Whay payout?

D J Smith

All the Australian contract workers get a redundancy payout as the project is over, I have been told I will get and it’s about a third of what the Australian contract guys.

Bermudashorts

Ok. Well yes I agree on the payout, you won't be the first person to discover they are not paid as much as someone else doing the same job. Happens the world over.

Seriously, I would just tell them to bog off re the super. It is your super not theirs, just don't give it to them, what are they going to do? If you want to get an official response try Fairwork Australia.

D J Smith

I would love to tell them to BOG off, but need to know my gun is loaded before I start my my battle

Bermudashorts

So try Fairwork Australia and remember that your employment rights are the same as everyone else's regardless of your temporary visa status. Still I wouldn't bother battling myself, aren't you leaving the country, I stand by my bog off.

abi31

It might be worth you quoting the relevant bit of your contract here for precise wording in case it's not saying what you think it is. Or have your company actually told you they are getting your super back?

It doesn't sound fair at all but the only reason why I can see they would do it is because they have to pay the super even though you're a 457 and you can't transfer the fund back to the UK so maybe that company do it as standard and they expect 457 holders to negotiate their salary to allow for it.

D J Smith

ok abi31

this is how it is worded.

Superannuation contributions: If the company is obliged to pay superannuation contributions on your behalf while you work in Australia, the Company will contribute 10% of your ordinary time earnings to an Australian complying Superannuation fund. When you come to the end of your assignment in Australia, the company will request that you take the necessary steps to ensure withdrawal of the accumulated superannuation contributions made in conjunction with your assignment in Australia and return this amount to the company. The company reserves the right to determine the outstanding benefit owing and will recoup this benefit from you after your departure.

what you make of that?