Expert advice needed on specific queries regarding Australian Employment Law for expatriate Indian employees working in Australia on temporary work permit. The advice has to be in context of India Australia Agreement on Social Security (attached) which came into force on 01.01.2016. The advice has to be backed by specific sections and quote of appropriate applicable law or Act or Agreement.
Link for India Australia Agreement for Social Security-
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1) If an Indian employee, sent on deputation on temporary work permit by an Indian company to its unit in Australia, is covered by a Certificate of Coverage ( COC) from Indian authorities, does the Indian unit in Australia still need to contribute to superannuation guarantee in Australia? (to be backed by relevant sections of agreement/ law)
2) In the above case, does the employer have any obligation to contribute towards any other allowance like Carer’s allowance, Newstarter allowance, disability payment or any other contribution for its temporary expatriate Indian employees besides superannuation? ( to be backed by relevant section of law or Act)
3) If contributions mentioned in above points are applicable but are somehow missed or skipped in the past, what is the remedial action for the employer?
4) Does the above provisions for temporary Indian expatriate employees in Australia differ according to different Visa types?
5) Can the above Indian employees claim back the superannuation amount, if deducted, and how?