Immigration SA is the RCB in South Australia providing advice for Employer Sponsored nomination applications for the Skilled Employer Sponsored Regional (Provisional) 494 visa.
Use this checklist to prepare an application for Regional Certifying Body (RCB) advice from Immigration SA. Once you have collated all of the information detailed in this checklist, you will need to lodge the application through the online application system.
If you wish to engage the services of a registered Migration Agent, you can find a list of registered migration agents at www.mara.gov.au.
Documents to be uploaded and information to be supplied with the application
All documents uploaded must be scanned copies of genuine originals.
- ANZSCO (Australian and New Zealand Standard Classification of Occupations) code for the nominated occupation. The nominated occupations must be on the applicable list.
Note: It must be a full-time the position (in the nominees nominated occupation) based in South Australia and likely to exist for at least five (5) years.
- The Department of Home Affairs Transaction Reference Number (TRN) (if the employer has lodged a nomination application with Department of Home Affairs).
- Provide a copy of the employer nomination application confirmation from the Department of Home Affairs.
- Migration Agents Registration Authority (MARA) number (if the employer is represented by a Migration Agent).
- Australian Business Number (ABN) for the nominating business. The business name in the online application and the details on the ABN Lookup must be an exact match.
Note: all supporting documents must be in the same business name as the registered business name on ABN Lookup. If the business name is different in the supporting documents, you will need to show evidence of the connection between the nominating business and the related business.
- Provide a description of the business in the relevant fields of the application form (maximum 500 characters for each question):
- How long the business has been operating
- The nature of the business and what its business activities are
- The business products or services provided
- The types of jobs/positions required in the business.
- Upload an organisational chart that outlines the positions in the business including:
- The name of the business
- All positions and titles (including the nominated position)
- Reporting lines within the business (include all positions related to the nominated position)
- Employment status for all positions (part-time/full time/casual)
- Organisations with 25 or more employees only need to submit an organisational chart for the division of the business in which the nominated position is to be employed (including the details above)
- Clearly delineate between employees based in SA and elsewhere within the business.
- Provide a description demonstrating how the nominated position contributes to the business (maximum 500 characters)
- Provide a description of the skills and experience required for the position (maximum 500 characters)
- Provide a copy of the role statement for the nominated position.
Personal details of the nominee (if nominee is known):
- Visa subclass (if applicable)
- Home Affairs visa grant notice for current visa (if applicable)
- Number of dependents
Details of award, Enterprise Bargaining Agreement (EBA) or common law contract (depending on which is applicable).
- Award details
- Title of the Award
- Classification level of the Award
- Provide a copy of the relevant Award
- Enterprise Bargaining Agreement (EBA)
- EBA title (as asssigned by the Fair Work Commission)
- Provide a copy of relevant pages of the EBA covering wages and salaries (include the title page of the EBA)
- Common Law Contact
- Provide a description of the research undertaken and the information used to determine that the salary for the nominated position is at the market salary rate
- Provide copies of authorities relied upon to determine the salary. For example: salary guides, earnings data or advertisements of similar jobs, Provide specific URL website references to any sources used to determine the market salary
- If you employ Australian workers in equivalent positions: Provide a copy of employment contracts and payslips for any Australian workers in equivalent positions in the same workplace.
Employment contract guidelines
Upload an employment contract which meets the following guidelines:
- Preferably written on the employer’s letterhead.
- Accurately detail the parties to the contract (The employer detailed in the application must be the business detailed on the Australian Business Number (ABN) register. Where this is not the case, documentary evidence must be submitted to establish the relationship between the employer named and the business. For example, for the trustee of a trust, a trust deed would be required –only those parts of the deed recording the establishment of the trust, the parties and signatories, need to be lodged).
- If known, the nominee’s (employee’s) full name and address.
- Dated and signed by both parties (employer and nominee (employee), if known).
- The position title must be the same as the nominated occupation (It is acceptable for the internal terminology of the position title to be included in brackets after the title of the nominated occupation).
- Confirm the employment duration (the position must be full-time and available for at least five years).
- Clearly detail the ordinary hours of work and what additional remuneration applies to any hours worked above reasonable ordinary hours of work.
- Detail the base salary. Include the award, classification and relevant pay point it falls under (if applicable).
- Please ensure any legislation / awards / authorities you refer to are current & clearly referenced.
- If there is an Enterprise Agreement in place, you need to provide the reference number and full title of the agreement as issued by the Fair Work Commission.
- Include superannuation entitlements (minimum 9.5% of an employee’s ordinary time earnings).
- Include all the minimum workplace entitlements detailed in the National Employment Standards (including leave entitlements and all other minimum entitlements).
The Fair Work Information Statement
Under the Fair Work Act 2009, employers must give every new employee a copy of the Fair Work Information Statement (FWIS) “before, or as soon as practicable after, the employee starts employment”.
If the employee has commenced working in the nominated position, the RCB requires a statement, signed by both parties, to demonstrate that the employee has received a copy of the FWIS.
If the employee hasn’t commenced working in the nominated position or the details of the employee are not known, the RCB requires a statement from the employer confirming that they will provide a copy of the FWIS to the employee before, or as soon as practicable after, the employee starts employment.
Either of these statements can be contained in the employment contract or submitted as an additional document. It is not sufficient to lodge a copy of an unsigned FWIS with the application.
Please note: The above information provides a guide of what to include (at minimum) in the employment contract. The Department of Home Affairs assesses the terms and conditions of employment as outlined in the employment contract. An RCB advice application which is “satisfied” is not an endorsement that the employment contract complies with the relevant workplace relations laws. It is the employer’s responsibility to ensure they comply with these laws.