Regional Certifying Bodies (RCBs) for Subclass 494

Establishing a Genuine Position

For a Subclass 494 Employer Sponsored stream nomination, the employer must demonstrate that the nominated position is genuine and meets the applicable nomination requirements.

The business should be able to explain why the position is required and provide supporting evidence appropriate to its circumstances.

Examples of evidence that may help demonstrate a genuine business need include:

Newly Created Position

Where the position is newly created, the employer may provide evidence showing business growth or an increased need for staff.

Relevant evidence may include:

• Increased business activity or turnover

• Financial statements or Business Activity Statements

• Increased working hours or overtime

• Expansion of operating hours

• New contracts or clients

• Additional premises

• Business plans and forecasts

• Previous recruitment activity

• Evidence of increased demand for the relevant services

The evidence should demonstrate a logical connection between the business's circumstances and the need for the nominated position.

Business Expansion or Diversification

Where the business is expanding or introducing new products or services, supporting evidence may include:

• Commercial or premises agreements

• New customer or supplier contracts

• Business plans

• Market research

• Project timelines

• Funding arrangements

• Evidence of new services or business activities

The evidence should help establish that the position is genuinely required as part of the business's ongoing operations.

Vacancy Created by Staff Departure

If the nominated position became available because an existing employee resigned or left the business, the employer can provide evidence of the vacancy and previous employment arrangements.

Relevant evidence may include:

• Previous employee records

• Resignation documentation

• Previous employment contracts

• Payroll records

• Position descriptions

• Recruitment records

The type and amount of supporting evidence required will depend on the circumstances of the nomination.

Demonstrating Local Recruitment Efforts

Where the applicable nomination requirements require the employer to demonstrate recruitment efforts, the business should provide evidence of genuine attempts to identify suitable Australian workers.

This can include evidence of:

• Job advertisements

• Recruitment agency activity

• Applications received

• Applicants shortlisted

• Interviews conducted

• Reasons suitable applicants were not selected

• Recruitment expenditure

• Communication with candidates

The recruitment evidence should be genuine, consistent and relevant to the nominated position.

Job Advertising Evidence

Employers should retain copies of relevant advertisements and supporting recruitment records, including:

• Advertisement text

• Publication dates

• Advertising platform

• Advertisement duration

• Number of applications

• Shortlisted candidates

• Interview records

• Recruitment outcomes

• Advertising invoices or receipts where available

The advertising method and evidence required can depend on the applicable nomination rules and the circumstances of the employer.

Employers should therefore avoid relying on a single recruitment channel where broader evidence of genuine local recruitment efforts is appropriate.

Recruitment Exemptions

Certain nominations may be subject to exemptions from Labour Market Testing or other recruitment requirements depending on the visa stream, occupation, applicant circumstances and applicable legislative instruments.

For example, specific exemptions can apply in circumstances involving certain occupations or where the nominee has already been working for the sponsoring employer in Australia under an eligible visa.

An exemption should be confirmed against the current requirements before relying on it in a nomination.

Market Salary Rate and Employment Terms

The nominated worker's salary and employment conditions must satisfy the applicable requirements for the Subclass 494 nomination.

Where the Annual Market Salary Rate (AMSR) applies, the employer should be able to demonstrate how the proposed salary was determined.

Establishing the Annual Market Salary Rate

Employers may use relevant evidence such as:

• Salary information for Australian employees performing equivalent work

• Comparable employment contracts

• Payslips

• Enterprise agreements

• Modern awards

• Industry salary data

• Independent salary surveys

• Recruitment market information

• Published salary guides

Where the business already employs Australian workers in equivalent positions, their remuneration can provide useful evidence when determining the market salary rate.

Where comparable employees do not exist, the employer should explain the methodology and reliable market information used to determine the proposed salary.

Employment Contract and Conditions

The employment arrangements should comply with Australian workplace laws and the applicable migration requirements.

The employment documentation should clearly identify:

• Employer's legal business name

• Australian Business Number (ABN), where applicable

• Employee's name

• Position and occupation

• Main duties and responsibilities

• Salary and remuneration

• Ordinary working hours

• Employment location

• Leave entitlements

• Superannuation arrangements

• Applicable award or enterprise agreement, where relevant

• Other applicable employment conditions

The employment terms should be consistent across the nomination, employment contract, position description and supporting evidence.

Fair Work Requirements

Employers must comply with applicable Australian workplace laws, including the National Employment Standards (NES) and relevant industrial instruments.

Eligible employees must receive the applicable minimum employment entitlements, including leave and other workplace rights.

Employers should also provide the employee with the applicable Fair Work Information Statement as required under Australian workplace law.

Keeping Evidence Consistent

One of the most important aspects of an employer-sponsored nomination is consistency.

The following information should be consistent wherever it appears:

• Nominated occupation

• Position title

• Job duties

• Salary

• Working hours

• Employment location

• Employment contract

• Recruitment evidence

• Business information

• Nomination details

Significant inconsistencies can create questions about the genuine nature of the position or the accuracy of the nomination.

Professional Assistance

Preparing a regional employer-sponsored nomination involves more than identifying an occupation and submitting a job offer.

Employers may need to establish the genuine need for the position, demonstrate compliance with applicable recruitment requirements, establish the market salary rate and provide appropriate evidence supporting the nomination.

The Visa can assist eligible employers and skilled workers with understanding the Subclass 494 nomination process and preparing supporting documentation appropriate to their circumstances.