LIANA J ALLAN

Arrangements for the approval of “regional Subclass 457” business nominations were introduced on 1 November 2002 to recognise the special needs of businesses in regional areas and areas of low population growth. The arrangements were developed after extensive consultation indicated that regional employers were experiencing considerable difficulty in attracting skilled labour to regional areas.
Regulation 1.20GA was inserted into the business nomination regulations to cover regionally-certified employment. Nominations under the regional Subclass 457 arrangements are assessed against regulation 1.20GA. Certification provisions only apply for areas covered by postcodes listed in a legislative instrument. These postcodes can also be found on the department’s website at: http://www.immi.gov.au/employers/rsms_postcodes.htm
RCBs should not certify nominations from businesses that are not operating in a regional area, or are nominating positions in non-regional areas.
RCBs that receive nominations for positions outside their jurisdiction should refer these to the RCB closest to the nominated position. The relevant RCB is normally the body whose area of operation covers the location of the employer’s business and the vacancy. It is anticipated that there will be cases where an RCB certifies a nomination located close to its boundaries.
It is DIAC policy that it will not accept certifications from RCBs where the position is located outside the area specified for that RCB in the legislative instrument. The exception is where the area involved falls across two state or territory boundaries and agreement is in place for this to occur, such as Albury/Wodonga. An approved sponsorship must be in place for a regional Subclass 457 nomination to be approved by DIAC. Nominations from applicants for approval as business sponsors can be accepted and certified by the RCB, but these nominations will not be formally assessed by DIAC until the sponsorship application is assessed.

Business and occupations excluded from regional arrangements

Since 1 October 2007, on-hire firms that seek to recruit overseas workers to hire out to unrelated businesses can no longer nominate positions under standard business sponsorship arrangements, including regional 457 arrangements. Overseas businesses with no operating base in Australia cannot access regional 457 arrangements.
Role of the Regional Certifying Body The role of the RCB is to:
 provide advice to employers to assist them in lodging a nomination;
 use their knowledge of the local employment market to assess a nomination for a vacancy when received from an employer;
 promote the regional Subclass 457 arrangements through provision of information; and
 certify the vacancy against considerations listed under Nomination Assessment Considerations (below) prior to DIAC making a final decision on the nomination.
For a position to be certified, the employer is required to demonstrate to the RCB that the:
 position is a genuine full-time skilled position that is necessary to the operation of the business;
 position cannot be reasonably filled locally;
 the employee is to be employed or engaged in Australia at a level of pay that is at least the Immigration Minimum Salary Level (MSL) and in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards (whichever is the higher); and
 tasks of the proposed position match the tasks of an occupation specified in schedule C or schedule D of the legislative instrument.

The most current legislative instrument specifying the Immigration MSL and occupations is available on the department’s website at: http://www.immi.gov.au/skilled/skill...ccupations.pdf

MIA NEWS BULLETIN - DIAC Guidelines to Regional Certifying Bodies December 4 2007.