Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p12
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 12/79)
Character Range: 449360–452071

duties of the position, other than the following:
 (i) reimbursement for reasonable expenses incurred by the person in performing the duties;
 (ii) prize money; and
 (b) the duties would not otherwise be carried out by an Australian citizen or an Australian permanent resident in return for wages.

2.57A  Meaning of earnings
 (1) A person's earnings include:
 (a) the person's wages; and
 (b) amounts applied or dealt with in any way on the person's behalf or as the person directs; and
 (c) the agreed money value of non‑monetary benefits.
 (2) However, an employee's earnings do not include the following:
 (a) payments the amount of which cannot be determined in advance;
 (b) reimbursements;
 (c) contributions to a superannuation fund to the extent that they are contributions to which subregulation (4) applies.
Note: Some examples of payments covered by paragraph (a) are commissions, incentive‑based payments and bonuses, and overtime (unless the overtime is guaranteed).
 (3) Non‑monetary benefits are benefits other than an entitlement to a payment of money:
 (a) to which the employee is entitled in return for the performance of work; and
 (b) for which a reasonable money value has been agreed by the employee and the employer.
 (4) This subregulation applies to contributions that the employer makes to a superannuation fund to the extent that 1 or more of the following applies:
 (a) the employer would have been liable to pay a superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the person if the amounts had not been so contributed;
 (b) the employer is required to contribute to the fund for the employee's benefit in relation to a defined benefit interest (within the meaning of section 292‑175 of the Income Tax Assessment Act 1997) of the employee;
 (c) the employer is required to contribute to the fund for the employee's benefit under a law of the Commonwealth, or of a State or a Territory.
Note: This definition is based on the definition of earnings in section 332 of the Fair Work Act 2009.

Division 2.12—Classes of sponsor

2.58  Classes of sponsor
 (1) For the purposes of subsection 140E(2) of the Act, the following are classes of sponsor in relation to which a person may be approved as a work sponsor:
 (a) a standard business sponsor;
 (b) a temporary activities sponsor.
Note: A person (other than a Minister) who is a party to a work agreement is an approved work sponsor and does not need to be approved as a work sponsor under subsection 140E(1) of the Act (see paragraph (b) of the definition of approved work sponsor in subsection 5(1) of the Act).
 (2) For the purposes of subsection 140E(2) of the Act, a parent sponsor