Document ID: chunk:federal_register_of_legislation:F2024L01585:clause:1_118:p2
Version: federal_register_of_legislation:F2024L01585
Segment Type: clause
Provision Reference: sch 1 cl 118 (pt 2/2)
Character Range: 34451–36239

or the party to a work agreement, who last identified the identified person in a nomination approved under section 140GB of the Act; and
 (ii) is actively and lawfully operating a business in Australia;
 (h) the application identifies a need for the identified person to be employed in the position, under the direct control of the nominator;
 (i) there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;
 (j) the identified person will be employed on a full‑time basis in the position for at least 2 years;
 (k) 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;
 (l) 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;
 (m) requirements set out in subregulation 2.72C(15) are met, applying subregulations 2.72C(15) and (16) as if:
 (i) paragraph 2.72C(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;
 (n) 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;
 (o) the nominator has provided the information required by the Minister for the purposes of paragraphs (i) to (l) of this subregulation.