Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p41
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 41/79)
Character Range: 522329–525226

(iv) the position in which the nominee is to work;
 (v) the circumstances in which the occupation is undertaken;
 (vi) the circumstances in which the nominee is to be employed in the position.
 (12) The Minister is satisfied that the position associated with the occupation is:
 (a) genuine; and
 (b) a full‑time position; and
 (c) likely to exist for at least 5 years.

Additional requirements in relation to Employer Sponsored stream
 (13) If:
 (a) the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream; and
 (b) the occupation is not an occupation specified by the Minister in an instrument made under subregulation (14);
the Minister is satisfied that:
 (c) the nominee will be engaged only as an employee under a written contract of employment by the person or an associated entity of the person (the employer); and
 (d) the person will give the Minister a copy of the contract signed by the nominee and the employer; and
 (e) the terms and conditions of the nominee's employment will not include an express exclusion of the possibility of extending the period of employment.
 (14) The Minister may, by legislative instrument, specify occupations for the purposes of paragraph (13)(b) of this regulation, subregulation 2.73B(11), paragraphs 2.73B(12)(c) and 2.86(2B)(b) and (2BA)(b), clause 494.222 of Schedule 2 and paragraph 8608(3)(a) of Schedule 8.
 (15) Subject to subregulation (16), if:
 (a) the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream; and
 (b) the Minister is not satisfied that the nominee's annual earnings in relation to the occupation will be at least the amount specified by the Minister in a legislative instrument made for the purposes of this paragraph;
the Minister is satisfied that:
 (c) the annual market salary rate for the occupation has been determined by the person in accordance with the instrument made under subregulation 2.72(17); and
 (d) the annual market salary rate, excluding any non‑monetary benefits, for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is not less than the temporary skilled migration income threshold specified by the Minister in a legislative instrument made for the purposes of this paragraph; and
 (e) the nominee's annual earnings in relation to the occupation will not be less than the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)); and
 (f) the nominee's annual earnings, excluding any non‑monetary benefits, in relation to the occupation will not be less than the temporary skilled migration income threshold specified by the Minister in a legislative instrument made for the purposes of paragraph (d)