Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p57
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 57/79)
Character Range: 562916–565944

labour agreement, a labour agreement may specify matters relating to the following:
 (a) the number of approved nominations that are permitted under the agreement;
 (b) the occupations in relation to which a position may be nominated under the agreement;
 (c) requirements relating to salary for occupations nominated under the agreement;
 (d) the obligations on the person, association or partnership in relation to the person being recruited, employed or engaged;
 (e) the maximum period of stay permitted for a person undertaking an occupation nominated under the agreement;
 (f) matters relating to criteria specified for a visa or visa of a specified class including:
 (i) English language requirements; and
 (ii) age requirements; and
 (iii) skills, qualifications and employment background requirements; and
 (iv) duration of a visa required to be held to qualify for another visa.
 (3) A labour agreement may be varied by the parties to the agreement after it has come into effect.

Subdivision 2.18.2—Work agreements

2.76  Requirements
 (1) For section 140GC of the Act, and for the definition of work agreement in subsection 5(1) of the Act, a work agreement must meet the requirements prescribed in this regulation.
 (2) A work agreement:
 (b) must be a labour agreement that authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 482 (Skills in Demand) Visa, a Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
 (c) must be in effect.

2.76A  Labour market testing and other work agreement requirements
 (1) The Commonwealth must not enter into a work agreement in relation to the recruitment, employment or engagement of persons in occupations and locations required by the other party to the agreement unless the Minister is satisfied that the other party has made recent and genuine efforts to recruit, employ or engage Australian citizens or Australian permanent residents to meet those requirements.
 (2) Subregulation (1) does not apply in relation to the recruitment, employment or engagement of a person in the following occupations:
 (a) Minister of Religion;
 (b) Religious Assistant.
 (3) The Minister must publish, on the Department's website, policy guidelines to be considered by the Commonwealth in relation to the Commonwealth's negotiation of the following agreements:
 (a) work agreements;
 (b) agreements, known as Project Agreements, that relate to work agreements.
 (4) Without limiting subregulation (3), the policy guidelines must include guidelines relating to the following:
 (a) objectives and principles relating to the negotiation of the agreements mentioned in that subregulation;
 (b) eligibility requirements to be considered for such agreements;
 (c) obligations to be required of parties entering into such agreements.

Division 2.19—Sponsorship obligations

Subdivision 2.19.1—Sponsorship obligations of approved work