Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.79A

  (1)   This regulation applies:

  (a)   to a person who is or was a standard business sponsor of a primary sponsored person if:

  (i)   the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

  (ii)   the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

  (b)   to a person who is or was a party to a work agreement (other than a Minister), and who is or was an approved work sponsor of a primary sponsored person, if:

  (i)   the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

  (ii)   the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.

  (2)   This regulation does not apply to a standard business sponsor of a primary sponsored person if the annual earnings of the primary sponsored person are equal to or greater than the amount specified by the Minister in an instrument in writing for the purposes of paragraph   2.79(1A)(b).

  (3)   The person must ensure that:

  (a)   if the person is mentioned in paragraph   (1)(a):

  (i)   the primary sponsored person's annual earnings in relation to the occupation are not less than the annual earnings the person indicated, at the time the nomination was approved, would be provided to the primary sponsored person for the occupation; and

  (ii)   the primary sponsored person's earnings in relation to the occupation are not less than the earnings an Australian citizen or an Australian permanent resident earns or would earn for performing equivalent work in the same workplace at the same location; and

  (iii)   the employment conditions (other than in relation to earnings) that apply to the primary sponsored person are no 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

  (b)   if the person is mentioned in paragraph   (1)(b), the terms and conditions of employment provided to the primary sponsored person are no less favourable than the terms and conditions of employment set out in the work agreement.

  (4)   The obligations mentioned in subregulation   (3):

  (a)   start to apply on:

  (i)   the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or

  (ii)   if the primary sponsored person does not hold a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa on the day the Minister approves the nomination--the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

  (b)   end on the earlier of:

  (i)   the day on which the primary sponsored person is granted a further substantive visa that:

  (A)   is not a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

  (B)   is in effect; and

  (ii)   the day on which the primary sponsored person ceases employment with the person.