Regional Certifying Body - Great South Coast

The Warrnambool City Council (Great South Coast) RCB assesses applications that have been lodged with the Department of Home Affairs (as indicated on the Form 1404). For all Employer Nominations under the SESR - Skilled Employer Sponsored Regional (Provisional) 494 visa, please refer to the assessment checklist and submit ALL documents listed

The SESR visa covers all of Australia except Brisbane, Sydney and Melbourne. Areas of Australia is further defined by reference to a Legislative Instrument that specifies regional areas by post code.

Approved occupations for the 494 visa

Please note that eligible occupations are listed only in the Medium and Long term Strategic Skills List ( MLTSSL) and Regional Occupation List (ROL) - https://www.legislation.gov.au/Details/F2020C01141

The Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) (SESR visa) enables Australian employers in areas specified by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in a Legislation Instrument to sponsor (nominate) skilled overseas workers. This is to assist employers in regional and low population growth areas of Australia where they have been unable to fill vacant positions with Australian citizens or permanent residents living in or wishing to move to the regional area where the nominated position is located.

For more information on the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) visit the department website https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skill…  

The skilled occupation you wish to sponsor must also be listed on either the DoHA Short-Term Skilled Occupation List (STSOL) or Medium Long Term Strategic Skills List (MLTSSL) (list of eligible occupations) – please see: http://www.homeaffairs.gov.au/Trav/Work/Work/Skills-assessment-and-asse…  

We would strongly recommend that if you feel you need assistance in negotiating the new visa application process, you engage the services of a registered migration agent or migration lawyer.

Criteria: Annual Market Salary Rate (AMSR)

The market salary rate framework is in place for the SESR visa program. As a result, if the overseas skilled worker will be paid less than AUD250,000, nominators need to demonstrate:

  • How they have determined the AMSR;
  • The overseas skilled worker will not be paid less than this amount (i.e. less than what an Australian worker would be paid);
  • Both the AMSR and what the overseas skilled worker will be paid, excluding superannuation payments and any non-monetary benefits in both cases, must be no less than the Temporary Skilled Migration Income Threshold (TSMIT) – i.e. AUD70,000 from July 1, 2023. Further information on salary and employment condition requirements for sponsored skilled visas, including determining the AMSR, is available at: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/….

How do I provide Annual Market Salary Rate (AMSR) evidence?

The Annual market salary rate (AMSR) is determined by looking at what you would pay equivalent Australian workers, enterprise agreements or industrial awards, job outlook information, advertisements for the last 6 months in the same location, remuneration survey or advice from unions or employer associations.

Determining the AMSR

Where there is an equivalent Australian worker The AMSR is what you are paying this worker.
If the worker's salary is based on an enterprise agreement or industrial award, you provide:

  • the name of the agreement or award as recorded by the Fair Work Commission, where applicable
  • the salary level or occupation group that applies to the nomination

If there is no relevant agreement or award, or you are paying your Australian employees above the award rate, provide:

  • copies of relevant employment contracts and pay slips for this employee

Note: An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee.

If the nominated overseas worker will be paid less than the equivalent Australian worker, the nomination will be refused by the Department of Home Affairs (DoHA).

If you provide only generic market salary data or salary surveys, DoHA will refuse the nomination.
Where there is no equivalent worker but there is an enterprise agreement or industrial award
Provide:

  • the name of the agreement or award as recorded by the Fair Work Commission, where applicable
  • the salary level or occupation group that applies to the nomination
  • Where there is no equivalent worker, agreement or award

You must determine and then show us what the AMSR is.

Explain how you used relevant information to determine what the equivalent worker will be paid. Relevant information could include at least two of the following:

  • Job Outlook information
  • advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area)
  • remuneration surveys completed by a reputable organisation
  • written advice from unions or employer associations

Note: You must provide sufficient evidence. As a general rule if you do not provide at least 2 independent sources of information in determining the AMSR we are likely to consider the requirement not met
If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, DoHA might refuse your nomination application.

If the market salary rate determined is a 'range', explain and provide specific details regarding why you selected that AMSR.

To be eligible you must

  • be nominated to work in an occupation on the relevant skilled occupation list
  • have at least 3 years relevant work experience in your nominated occupation
  • have a relevant skills assessment, unless an exemption applies
  • work only for your sponsor or associated entity, unless an exemption applies
  • be under 45 years of age, unless an exemption applies
  • meet minimum standards of English language proficiency

For more information on the Skilled Employer Sponsored Regional - Subclass 494 (Provisional) visa visit https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skill…

A cost-recovery fee of $500 (plus GST) is payable for Regional Certifying Body (RCB) Employer Nomination assessments for both Visa nominations.

Note: Department of Home Affairs fees for employers lodging an RCB Nomination are payable at the point of application through the employers ImmiAccount and we encourage you to review these when considering your nomination.

All employer nominators or their agents are required to download, complete and return the checklist (link above) along with hard copies of all documents.

Warrnambool City Council is the gazetted Regional Certifying Body (RCB) for employer nominations for the Great South Coast group of Councils: Warrnambool City, Moyne, Corangamite, Glenelg, Southern Grampians and Colac-Otway shires LGAs.

 

For each employer nomination under the SESR (provisional) 494 visa we require complete documentation as it will be submitted to the Department of Home Affairs (DoHA), including a statement as to the "need for an additional paid employee".

As a minimum we would request:

  • Printout of the online DoHA employer nomination
  • Evidence of either your approval from the DoHa as a standard business sponsor OR you have already entered into a Labour Agreement that authorises nominations for a SESR visa
  • DoHA Form 1404 advice (prepopulated)
  • Position Description
  • Contract of Employment
  • Organisation Structure Chart
  • Statement of need (as above)
  • Business ABN/ACN

Hard-copy Employer Nomination submissions should be sent to:

Warrnambool City Council
Regional Certifying Body
PO Box 198
WARRNAMBOOL 3280

We have a turn-around time of 10 working days, assuming your documentation meets our request standard.
Please Note: Regional Certifying Bodies (RCBs) only provide advice to the Department of Home Affairs. RCBs make no final decisions and neither approve nor refuse SESR employer nominations. Obtaining positive RCB advice does not automatically guarantee that the SESR employer nomination will also be approved by the Department of Home Affairs. If the SESR employer nomination is not approved by the Department, contacting the RCB is not the appropriate pathway to seek a review of the Department’s decision. In case of a refusal decision by the Department of Home Affairs, the Department will provide the nominating employer or their agent with advice in relation to any appeal rights they may have.  

Employers and visa applicants can contact the Department in the following ways: