Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p19
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 19/38)
Character Range: 802956–805821

following requirements must also be met:
 (a) the nominator is actively and lawfully operating a business in Australia;
 (b) if the nominator's business activities include activities related to the hiring of labour to other unrelated businesses—the position is within the business activities of the nominator and not for hire to other unrelated businesses;
 (c) the application identifies a need for the identified person to be employed in the position, under the direct control of the nominator;
 (d) there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;
 (e) the identified person will be employed on a full‑time basis in the position for at least 2 years;
 (f) the terms and conditions of the identified person's employment will not include an express exclusion of the possibility of extending the period of employment;
 (g) the nominator's business has the capacity to employ the identified person for at least 2 years and to pay the person at least the annual market salary rate for the occupation each year;
 (h) the requirements set out in subregulation 2.72(15) are met, applying subregulations 2.72(15) and (16) as if:
 (i) paragraph 2.72(15)(a) did not apply; and
 (ii) references to the nominee were references to the identified person; and
 (iii) references to the person were references to the nominator; and
 (iv) the words in paragraph 2.72(15)(d) were replaced with "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 amount of the core skills income threshold"; and
 (v) the words in paragraph 2.72(15)(f) were replaced with "the identified person's annual earnings, excluding any non‑monetary benefits, in relation to the occupation will not be less than the amount of the core skills income threshold"; and
 (vi) the words in subparagraph 2.72(16)(a)(i) were replaced with "the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is not less than the amount of the core skills income threshold";
 (i) either:
 (i) there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the identified person are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or
 (ii) it is reasonable to disregard any such information;
 (j) the requirements set out in subregulation (10) or (12) are met.

Occupations for the Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream
 (10) The requirements of this subregulation are as follows: