• Regional Certifying Bodies

Regional Certifying Bodies

Regional Certifying Bodies must provide advice on the employer nomination under the Regional Sponsored Migration Scheme Direct Entry stream before it can be approved by the department.

A certifying body is an organisation which has been approved for this purpose by the Minister for Home Affairs.

Related: Regional Certifying Bodies Comparison – 494 Visa- Pathway to Permanent Residency

Am I eligible for a 494 visa?

For example, Immigration SA is the RCB in South Australia providing advice for direct entry nomination applications for the Regional Sponsored Provisional Regional 494 visa.

You need to show:

Genuine Need
  • Provide a description demonstrating how the nominated position contributes to the business:
    • Why existing part-time and casual employees were not considered for the nominated position
    • How the position is vacant, for example, newly established/created or available through staff resignation.
  • If the position is newly created, provide evidence to support why a new position is required. This may be:
    • Increase in demand
      Upload one or more of the following documents:

      • Evidence of increased turnover –
        Profit & loss statements for two consecutive years (within the last three years) OR
        Business Activity Statements (BAS) for the same time period for two consecutive financial years (within the last three years)
      • Evidence of the overtime worked by existing employees in the same occupation, for example, copies of payslips showing the overtime worked
      • Evidence of additional opening hours – historical and current advertisements or other business information showing the change in opening hours.
  • Business Expansion
    Upload new business contracts or contracts for additional business premises.
  • Business Diversification (introduction of new products or services).
    Information to be entered into the online application form:

    • Why the business is diversifying, for example, a winery with cellar door operations may decide to offer lunches due to customer feedback
    • How the business is diversifying, for example, cellar door premises will be refurbished to allow café operations and provide function facilities
    • Explanation of market research, for example, consideration of customer surveys/feedback, market reports, government statistics, trade and industry publications
    • Timelines of the planned business diversification, for example, when are the various steps of the diversification scheduled for completion
    • If funds have been secured and where they have been secured from, for example, bank, liquidation of assets, family or other.
  • If the nominated position has become vacant through resignation, no documents are required.

Related:

Position cannot be filled locally

The following information is required in the online application form:

  • Description of the skills and experience required for the position.
  • Explanation of why no Australian citizens or permanent residents were selected for the position.
  • Recruitment activity details:
    • Evidence of the job advertisement and the receipt of payment for the recruitment activity. The receipt of payment can be either directly from the media platform used or, if relevant, a recruitment agency.
    • Month and year in which the advertisement appeared (this must be advertised within the last six months).
    • Where the advertisement appeared, for example Seek, The Advertiser Saturday edition or relevant local newspaper.
    • Duration of the advertisement (minimum duration of two weeks).
    • Number of applications received, shortlisted and interviewed.
      The following is an example of the type of recruitment activities most employers would undertake as a minimum recruitment practice to fill a skilled vacancy from the local labour market.

      A position advertisement on at least one or a combination of the following media:

    • Careerone
    • Indeed
    • JobSearch
    • Adzuna
    • The Advertiser Newspaper (Saturday edition)
    • Relevant local newspaper for regional areasAdvertising on websites that are not recruitment specific (for example, Gumtree or Facebook) will not satisfy the recruitment activity requirement.If the recruitment activity was not conducted in any of the above mentioned media, the business must provide strong alternative evidence, including:
    • Details of recruitment activity undertaken
    • Why that recruitment method was chosen
    • Specific information about common recruitment practices for their industry. Any other relevant information about the local labour market for that industry/position.
  • Recruitment Activity Exemption (if applicable)
    • The nominated occupation is 242111 University Lecturer or a medical specialist with an ANZSCO code beginning with 253 OR
    • The employer is a current DIBP approved 457 sponsor and the nominee (employee) has been working in the nominated position full time in South Australia for the nominator (employer) on a valid work visa for at least the last twelve months, and the position is physically based in South Australia.Upload the following:
      • The nominator’s current DIBP 457 approval letter AND
      • The nominee’s pay slips and/or Pay As You Go (PAYG) payment summaries AND
      • The original employment contract to confirm the twelve month employment period.
Terms and conditions of employment
  • Personal details of the nominee (if nominee is known):
    • Visa subclass (if applicable).
    • Number of dependents
  • If you employ Australian workers in equivalent positions:
    • Provide evidence of employment contracts or payslips for Australian workers in equivalent positions to demonstrate that the employment conditions, including the salary, of the nominated position are equivalent to that of Australian workers.
  • If you do not employ Australian workers in equivalent positions:
    • Provide a description of the research undertaken and the information used to determine that the salary for the nominated position is at the market salary rate.  For example, you can provide details of salary guides, earnings data, advertisements of similar jobs, Enterprise Bargaining Agreement (EBA), award or common law employment contract. Provide specific references to any sources used to determine the market salary.

Where applicable, please specify the name of the award (saying “relevant award” is not sufficient).

  • Employment contract

Upload an employment contract which meets the following requirements:

  • Preferably written on the employer’s letterhead.
  • Accurately detail the parties to the contract (The employer detailed in the application must be the business detailed on the Australian Business Number (ABN) register. Where this is not the case, documentary evidence must be submitted to establish the relationship between the employer named and the business. For example, for the trustee of a trust, a trust deed would be required –only those parts of the deed recording the establishment of the trust, the parties and signatories, need to be lodged).
  • If known, the nominee’s (employee’s) full name and address.
  • Dated and signed by both parties (employer and nominee (employee), if known).
  • The position title must be the same as the nominated occupation (It is acceptable for the internal terminology of the position title to be included in brackets after the title of the nominated occupation).
  • Confirm the employment duration (the position must be full-time and ongoing for at least two years).
  • Clearly detail the ordinary hours of work and what additional remuneration applies to any hours worked above reasonable ordinary hours of work.
  • Detail the base salary. Include the award, classification and relevant pay point it falls under (if applicable).
    Please ensure any legislation / awards / authorities you refer to are current & clearly referenced.
  • If there is an Enterprise Agreement in place, you need to provide the reference number and full title of the agreement as issued by the Fair Work Commission.
  • Include superannuation entitlements (minimum 9.5% of an employee’s ordinary time earnings).
  • Include all the minimum workplace entitlements detailed in the National Employment Standards (including leave entitlements and all other minimum entitlements).
    Please note: generic references/statements will not be sufficient. For example, the RCB cannot accept as satisfied a generic statement like the following: ‘your leave entitlements will be as contained in the NES/relevant legislation/award/Fair Work Act 2009’.
  • The Fair Work Information Statement

Under the Fair Work Act 2009, employers must give every new employee a copy of the Fair Work Information Statement (FWIS) “before, or as soon as practicable after, the employee starts employment”.

If the employee has commenced working in the nominated position, the RCB requires a statement, signed by both parties, to demonstrate that the employee has received a copy of the FWIS.

If the employee hasn’t commenced working in the nominated position or the details of the employee are not known, the RCB requires a statement from the employer confirming that they will provide a copy of the FWIS to the employee before, or as soon as practicable after, the employee starts employment.

Either of these statements can be contained in the employment contract or submitted as an additional document.  It is not sufficient to lodge a copy of an unsigned FWIS with the application.