Regional Certifying Bodies

Employer Nomination Process under the Regional Sponsored Migration Scheme (RSMS) Direct Entry Stream

Before an employer nomination can be approved under the RSMS Direct Entry stream, Regional Certifying Bodies (RCBs) must first provide advice. An RCB is an organization authorized by the Minister for Home Affairs for this specific purpose.

For example, in South Australia, Immigration SA serves as the RCB for Direct Entry nomination applications under the Regional Sponsored Provisional 494 visa.

Requirements for Employer Nomination

Genuine Need

To demonstrate a genuine need for the nominated position, you must provide the following:

  1. Position Contribution: Describe how the nominated position benefits the business.
    • Explain why current part-time or casual employees were not considered.
    • Specify how the position became vacant (e.g., newly created or due to resignation).
  2. Supporting Evidence for New Positions:
    • If the position is newly created, provide evidence such as:
      • Increased Demand: Upload one or more of the following:
        • Turnover Evidence: Profit & Loss statements or Business Activity Statements (BAS) for two consecutive years within the last three years.
        • Employee Overtime: Payslips showing overtime worked by employees in the same occupation.
        • Extended Hours: Advertisements or business information showing changes in opening hours.
  3. Business Expansion:
    • Upload new business contracts or contracts for additional premises.
    • If diversifying, provide:
      • Reasons for Diversification: Example: A winery adding a café due to customer feedback.
      • Execution Plans: Market research details, timelines for diversification, and funding sources.

Recruitment Activity

If the nominated position was vacated due to resignation, no documents are needed. However, if not, the following must be provided:

  1. Position Details: Skills and experience required.
  2. Recruitment Efforts:
    • Why Australian citizens or permanent residents were not selected.
    • Evidence of the job advertisement and payment for the recruitment activity.
      • The ad must have appeared within the last six months and run for at least two weeks.
      • Details on the number of applications received, shortlisted, and interviewed.

Note: Acceptable platforms for job ads include CareerOne, Indeed, JobSearch, Adzuna, The Advertiser (Saturday edition), or relevant local newspapers. Ads on non-recruitment-specific websites like Gumtree or Facebook are not acceptable unless strong alternative evidence is provided.

Exemptions and Special Cases

You may be exempt from recruitment activity requirements if:

  1. Occupation is 242111 University Lecturer or a medical specialist (ANZSCO code starting with 253), OR
  2. The employer is a DIBP-approved 457 sponsor: The nominee has worked full-time in the nominated position in South Australia on a valid work visa for at least the last 12 months.

Upload the following to qualify for an exemption:

  • DIBP 457 approval letter
  • Nominee’s payslips and/or PAYG payment summaries
  • Original employment contract confirming 12-month employment period

Employment Contract Requirements

The employment contract must meet these criteria:

  1. Employer Details:
    • Preferably on company letterhead.
    • Must accurately detail the employer’s business as per the Australian Business Number (ABN) register.
  2. Nominee Information:
    • Full name and address (if known).
    • Dated and signed by both parties (employer and nominee).
  3. Position Specifics:
    • Title must match the nominated occupation.
    • Confirm the role is full-time and ongoing for at least two years.
    • Include base salary, ordinary hours, and additional remuneration details.
  4. Compliance with Legislation:
    • Reference any relevant awards, agreements, or laws.
    • Include superannuation entitlements and all minimum workplace entitlements as per the National Employment Standards.

Fair Work Information Statement (FWIS)

Under the Fair Work Act 2009, employers must provide every new employee with a copy of the FWIS before, or as soon as practicable after, they start employment.

If the employee has commenced work, include a signed statement confirming they have received the FWIS. If not, provide a statement from the employer confirming that the FWIS will be provided.