Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p51
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 51/79)
Character Range: 547864–550696

Territory law relating to employment including, if applicable, the National Employment Standards (within the meaning of the Fair Work Act 2009).

Additional requirements in relation to Employer Sponsored stream
 (12) If the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream, the person must certify as part of the nomination, in writing:
 (a) that the tasks of the position include a significant majority of the tasks specified for the occupation in:
 (i) ANZSCO; or
 (ii) if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72C(11) in force at the time the nomination is made; and
 (b) that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in:
 (i) ANZSCO; or
 (ii) if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72C(11) in force at the time the nomination is made; and
 (c) unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), that the occupation is a position in:
 (i) the person's business; or
 (ii) a business of an associated entity of the person.

Additional requirements in relation to Labour Agreement stream
 (13) If:
 (a) the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
 (b) the person is a party to a work agreement or negotiations for a work agreement; and
 (c) the work agreement or proposed work agreement 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 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the person must certify as part of the nomination, in writing, that:
 (d) the tasks of the position include a significant majority of the tasks specified for the occupation in:
 (i) ANZSCO; or
 (ii) if there is no ANZSCO code for the occupation—the work agreement or proposed work agreement; and
 (e) the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in the work agreement or proposed work agreement.

Minister may make legislative instruments
 (14) The Minister may, by legislative instrument, specify any of the following:
 (a) for the purposes of subregulation (4), the form in which a nomination must be made;
 (b) for the purposes of subregulation (5), the fee that must accompany a nomination;
 (c) for the purposes of subregulation (7), any of the following:
 (i) a way of making a nomination and circumstances in which a nomination may be made in that way;
 (ii) the form in which a nomination must be made if