Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An employer may apply to the Minister for approval of a nominated position as an approved appointment .
(1A) Application must be:
(a) made in accordance with approved form 785 or 1054; and
(b) accompanied by the fee prescribed in regulation 5.37.
(1B) The Minister may, in writing, approve or reject an application.
(1C) However:
(a) the Minister must approve an application if:
(i) the application is made in accordance with subregulation (1A); and
(ii) the nominated position is the subject of an employer nomination that:
(A) if the application was made using form 785 -- meets the requirements of subregulation (2); or
(B) if the application was made using form 1054 -- meets the requirements of subregulation (4); and
(iii) the employer is not the subject of an action that is described in section 140L of the Act; and
(b) the Minister must reject an application if any of the requirements in paragraph (a) is not met.
(1D) As soon as practicable after deciding an application, the Minister must give the employer:
(a) a copy of the written approval or rejection of the application; and
(b) if the application is rejected:
(i) a written statement of the reasons why the application was rejected; and
(ii) a written statement that the decision is an MRT‑reviewable decision.
Note Division 4.1 deals with review of decisions. Paragraph 4.02 (4) (e) provides that a decision under subregulation 5.19 (1B) to reject an application is an MRT‑reviewable decision. MRT‑reviewable decision is defined in Division 2 of Part 5 of the Act.
(2) An employer nomination meets the requirements of this subregulation if:
(a) the employer nomination is made by an employer in respect of a need for a paid employee (the employee ) in a business:
(i) actively and lawfully operating in Australia; and
(ii) operated by that employer; and
(b) the Minister is satisfied that nothing adverse is known to Immigration about the business background of:
(i) the employer; or
(ii) any officer of any of the entities that constitute the employer; or
(iii) any individual who is a member of a partnership that is 1 of the entities that constitute the employer; and
(c) the Minister is satisfied that the employer has a satisfactory record of compliance with the immigration laws of Australia; and
(d) the Minister is satisfied that the employer has a satisfactory record of compliance with workplace relations laws of:
(i) the Commonwealth; and
(ii) each State or Territory in which the employer operates the business and has employees of that business; and
(e) the Minister is satisfied:
(i) that the employer has made, and continues to make, adequate provision for training existing employees in work relevant to the business; or
(ii) if the business is newly established, that the employer is making adequate provision for future training of employees in work relevant to the business; and
(f) the appointment will:
(i) provide the employee with full‑time employment; and
(ii) be for at least 3 years, and not subject to any express exclusion of the possibility of renewal; and
(g) the employee's working conditions will be no less favourable than working conditions provided for under relevant Australian legislation and awards; and
(h) the tasks to be performed in the nominated position:
(i) correspond to the tasks of an occupation specified in a Gazette Notice in force for this subparagraph at the time at which the application for approval of the nominated position is made; and
(ii) will be carried out in a location specified, for the relevant occupation, in a Gazette Notice in force for this subparagraph at the time at which the application for approval of the nominated position is made ; and
(i) the employee will be paid a salary in the nominated position that is at least the salary specified , for the relevant occupation and location, in a Gazette Notice in force for this paragraph at the time at which the application for approval of the nominated position is made .
(4) An employer nomination meets the requirements of this subregulation if:
(a) the employer nomination is made by an employer in respect of a need for a paid employee in a business that is:
(i) actively and lawfully operating in regional Australia; and
(ii) operated by that employer; and
(b) either:
(i) the appointment:
(A) will provide the employee with full‑time employment; and
(B) will be for at least 2 years; and
(C) will be located in regional Australia; or
(ii) if the employer nomination relates to a person designated under regulation 2.07AO -- the appointment:
(A) will provide the employee with either continuing full‑time employment or seasonal employment that will continue; and
(B) is in accordance with the employment the employee has undertaken in regional Australia over the previous 12 months; and
(C) will be located in regional Australia; and
(c) unless the appointment is exceptional, the work to be performed requires the appointment of a person who has a diploma (within the meaning of subregulation 2.26A (6)) or higher qualification; and
(d) the employee is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards; and
(e) a body specified by Gazette Notice for this paragraph certifies that the employer nomination meets the requirements of paragraphs (a), (b) and (c); and
(f) the Minister is satisfied that nothing adverse is known to Immigration about the business background of:
(i) the employer; or
(ii) any officer of any of the entities that constitute the employer; or
(iii) any individual who is a member of a partnership that is 1 of the entities that constitute the employer; and
(g) the Minister is satisfied that the employer has a satisfactory record of compliance with the immigration laws of Australia; and
(h) the Minister is satisfied that the employer has a satisfactory record of compliance with workplace relations laws of:
(i) the Commonwealth; and
(ii) each State or Territory in which the employer operates the business and has employees of that business.
(5) In this regulation:
regional Australia means a part of Australia specified by Gazette Notice for this definition.