Author: Yen Wong – Team Lead / Senior Immigration Lawyer
Government monitoring rises for hospitality: what employers must know
Are you confident your sponsorship records would pass an Australian Border Force (ABF) spot check? Many hospitality employers are not, and the consequences can escalate fast. Across Australia’s hospitality sector, government monitoring and spot checks are increasing. The ABF is requesting detailed records from sponsoring businesses to closely examine how employers manage their sponsored workers. Many businesses are surprised by how extensive these checks are, and how quickly they can escalate.
The grey area: what counts as “reasonable additional hours”
One of the biggest compliance risks for hospitality employers is misunderstanding “reasonable additional hours.” While 40 to 45 hours per week may feel normal for the industry, regulators look beyond the number itself.
They assess whether:
- Employees had a genuine opportunity to discuss or decline rosters
- The sponsoring business is properly staffed
- Breaks are provided as required under the Award or
- Salaries still meet the Annual Market Salary Rate (AMSR) once real hours are considered
- HR processes exist to review workload, classification, and performance
Sponsoring businesses often face compliance issues not due to deliberate actions, but because the requirements were unclear.
Why proactive review is essential
If issues are identified during an ABF monitoring request, the consequences can be serious. Where non-compliance is found, outcomes may include:
- Loss of Standard Business Sponsorship (SBS)
- Sanctions or barring
- Refusal of pending Skills in Demand (Subclass 482), Skilled Employer Sponsored Regional (Provisional) visa (Subclass 494) or Employer Nomination Scheme (Subclass 186) nominations
- All visa applications placed on hold
To avoid this, hospitality employers should proactively review:
- Rosters and actual hours worked
- AMSR compliance
- Better Off Overall Test (BOOT)
- Staffing levels and break compliance
- Documentation and payroll systems
Being prepared ensures you are not scrambling when a monitoring request arrives.
Absolute Immigration Legal case study: supporting a hospitality business sponsor through monitoring
(Note: business name not disclosed for confidentiality purposes)
A hospitality business sponsor recently received an unexpected monitoring request from the ABF, part of a broader trend across the industry.
The steps we took during monitoring
- ABF requested extensive documentation, including rosters, contracts, pay records, and HR processes.
- Absolute Immigration Legal conducted Teams meetings, reviewed documents, and assessed compliance.
- We identified grey areas around “reasonable hours,” staffing levels, and Award obligations.
- We advised on AMSR alignment, BOOT assessments, and strengthening internal systems.
- We prepared a comprehensive submission addressing compliance and corrective actions.
The outcome
The monitoring outcome was positive and satisfactory. The sponsoring business avoided sanctions, retained their SBS approval, and all pending visa applications were able to progress and proceed.
The core issue behind most compliance risks
Many hospitality employers underestimate how complex sponsorship obligations are, and how extensive ABF monitoring can be. The volume of documentation requested, and the level of scrutiny applied, often comes as a surprise. With Absolute Immigration Legal supporting you, you gain clarity around your obligations and confidence that your systems, hours, and salary structures align with regulatory expectations. Being organised is the strongest protection against compliance risk.
A proactive path forward for hospitality employers
If you sponsor workers in hospitality, assume monitoring is possible and prepare accordingly. Reviewing your systems now, rather than waiting for a request to arrive, protects your business, your staff, and your ability to continue sponsoring skilled workers.
Partnering with Absolute Immigration Legal
Absolute Immigration Legal is here to help you assess your current practices, identify gaps, and strengthen your compliance framework so you are ready for any monitoring activity. Taking a proactive approach today helps prevent costly consequences tomorrow. Contact our team of expert immigration Lawyers at admin@absoluteimmigrationlegal.com to get the right guidance and help.