WA3.15 Acceptable employment

1. The employer applying for the Job Check must be:
   1. an accredited employer; and
   2. the direct employer for the proposed employment (as defined at WA2.60.5).
2. The remuneration for the proposed employment must be at or above the median wage, unless the proposed employment is for an occupation that is exempt from the median wage threshold (Appendix 14). For the purpose of WA instructions, the median wage is $29.66 per hour, or the equivalent annual salary.

   Note: The median wage rate of $29.66 for the Accredited Employer Work Visa reflects the June 2022 quarter of publication of median wage data by Statistics New Zealand.

3. Where the proposed employment is for an occupation that is exempt from the median wage threshold (Appendix 14), the remuneration for the proposed employment must meet the requirements for that occupation set out at WA3.15.1.
4. The proposed employment must be full time (at least 30 guaranteed hours per week for every week worked) for the duration of the employment period.
5. The terms and conditions specified for the proposed employment must not be less than those of the New Zealand market for that occupation, including rate of pay (WA3.30) and notice periods.
6. Payment for the proposed employment must be by wages or salary, except for any goods or services that are specified in the proposed employment agreement and are determined by an immigration officer to be reasonable deductions from the wage or salary as per WA3.30(g).
7. The pay period for the proposed employment must not be longer than one month.
8. The proposed employment must not include the employer passing any recruitment, compulsory training or equipment costs or fees to the employee, as per the requirements for employer accreditation set out at WA2.10.10(m).
9. The proposed employment must be for a single accredited employer only, unless:
   1. the employment is for a Resident Medical Officer job; and
   2. the employers are all New Zealand District Health Boards who hold High Volume Accreditation; and
   3. the employment is covered by one proposed employment agreement; and
   4. if a labour market test is required, the employment is advertised as one role.
10. The proposed employment must not involve the employee being placed in a triangular employment arrangement with another organisation, as defined at WA2.60.15, unless the employer holds High Volume Accreditation – Triangular Employment.
11. The proposed employment must be compliant with all the relevant New Zealand employment laws in force.
12. The proposed employment must be genuine.
13. If travel or changing locations is part of the proposed employment (not to take up the employment, but as part of the job, for example an employer requiring a worker to complete a project in another location), the terms and conditions of that travel or change of locations must:
    1. be set out in the proposed employment agreement; and
    2. not have the potential to disadvantage the employee.
14. Factors an immigration officer may take into account when determining whether there is the potential for disadvantage caused by the terms and conditions of travel or change of locations include, but are not limited to:
    1. the notice period employees are given when being required to change location; and
    2. compensation provided to employees when being required to travel or change location, including for travel and accommodation; and
    3. what the process or outcome is when an employee is unable to change locations or undertake the travel.
15. The proposed employment must not be for:
    1. self-employment; or
    2. planting, maintaining, harvesting, or packing crops in the horticulture or viticulture industries; or
    3. foreign crew of fishing vessels (WJ4.15).

       Notes:
       - Applications for work visas to plant, maintain, harvest, or pack crops in the horticulture or viticulture industries must be made under the Recognised Seasonal Employer (RSE) Instructions (WH1) or the Supplementary Seasonal Employment Instructions (WH3).
       - Applications for work visas for foreign crew of fishing vessels (WJ4.15) must be made under the Foreign Crew of Fishing Vessels Instructions (WJ).
       - If a Job Check application is made and can be approved before a wage increase (indexed to the median wage) takes effect in immigration instructions, then the Job Check may be approved without requiring re-advertisement of the role at the new rate. Any associated work visa applications must meet the wage threshold in place on the date the work visa application is made.

16. Evidence that the employment is acceptable must include, but is not limited to:
    1. a proposed employment agreement (see (q) below); and
    2. information about the minimum qualifications, work experience, skills, or other specifications required for the job.
17. The proposed employment agreement must:
    1. include all mandatory clauses required by employment law, such as:
       • the name of the employer; and
       • the job title; and
       • a detailed job description; and
       • the hours of work; and
       • the duration and type of agreement (fixed term or permanent); and
       • details of pay and conditions of employment; and
       • the place of work; and
    2. include details about paid leave entitlements; and
    3. only include clauses that comply with employment law; and
    4. include the maximum number of hours that the employee may be asked to work before being paid additional overtime rates, and details of the overtime rate of pay; and
    5. include the maximum number of hours that the employee may be asked to work, including any hours paid at overtime rates; and
    6. include the pay period; and
    7. not include a trial provision as defined in section 67A (2) of the Employment Relations Act 2000.
18. Despite (b) above, a Job Check may include jobs with different minimum guaranteed remuneration, if the jobs are covered by a capped sector agreement and the employer indicates that some of the jobs should be considered under that agreement.

    Notes:
    - The purpose of assessing the proposed employment agreement is to determine whether the employment is acceptable. The terms and conditions offered to an Accredited Employer work visa applicant will be checked to confirm they are consistent with the proposed employment agreement provided as part of the associated Job Check application.
    - Accredited Employer work visa applicants must have the qualifications, work experience, skills, or other specifications that the employer has specified, as part of the Job Check application, as the minimum requirements for the job.

19. Despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (see E7.10(a)(ii)), the above requirements apply to any Job Check application that was submitted before 29 October 2023 and has not been decided.

WA3.15.1 Requirements for occupations that are exempt from the median wage threshold or part of a sector agreement

Where the proposed employment is for an occupation that is listed in Appendix 14 as exempt from the median wage threshold (WA3.15(b)), the remuneration for the proposed employment must be:

1. $25.51 per hour or above, or the equivalent annual salary, where the proposed employment is in an occupation listed under the:
   1. Meat Processing sector; or
   2. Seafood Processing (onshore) sector; or
2. $26.69 per hour or above, or the equivalent annual salary, where the proposed employment is in an occupation listed under the:
   1. Construction and Infrastructure sector; or
   2. Seasonal Snow and Adventure Tourism; or
3. $28.18 per hour or above, or the equivalent annual salary, where the proposed employment is in an occupation listed under the Tourism and Hospitality sector; or
4. $26.16 per hour or above, or the equivalent annual salary, where the proposed employment is in an occupation listed under the Care Workforce sector; or
5. $28 per hour or above, or the equivalent annual salary, where:
   1. the employer has signed the Waka Kotahi (New Zealand Transport Authority) ‘All Parties Memorandum of Understanding – Improving Driver Terms and Conditions’ for the region they wish to recruit bus drivers; or
   2. the employer is on the Ministry of Education-funded school bus service list and they wish to recruit a school bus driver; or
   3. the employer is directly contracted to a school to provide a bus service and they wish to recruit a school bus driver.

WA3.15.5 Capped sector agreements

1. The number of Job Checks that can be approved at the wage rate specified in WA3.15.1 is limited by a sector cap, to:
   1. 320 jobs per annum for the Meat Processing sector during the:
      • 12-month period from 31 October 2022 until 31 October 2023; and
      • 12-month period from 31 August 2023 until 31 August 2024; or
   2. 600 jobs per annum for the Seafood (onshore processing) sector during the 24-month period from 31 October 2022 until 31 October 2024.
2. Within the annual sector cap, after consideration of the proposed allocation of the cap by the sector bodies, MBIE Immigration Policy will determine the annual allocation for each employer and provide it to INZ. Employers will be informed of their allocation by the relevant sector body.
3. An employer must indicate when applying for a Job Check whether the role(s) will be covered by a capped sector agreement.
4. Where a Job Check includes roles that will be covered by a capped sector agreement, the maximum number of positions that can be approved is the number of places remaining in the employer’s annual allocation.
5. Upon approval of a Job Check for roles covered by a capped sector agreement, the number of positions approved will be deducted from the number of places available to the employer under their annual allocation.
6. An approved Accredited Employer work visa application that is granted based on a Job Check that was approved as part of a capped sector agreement will count towards the cap, even if the applicant is offered employment at or above the median wage (WA3.15(b)).
7. A Job Check application will not be approved if it results in the limit in (a) or (b) above being exceeded.
8. Once allocated, numbers cannot be sold, traded or transferred between employers.

Notes:
-The relevant sector body is the Meat Industry Association for the Meat Processing sector, and Seafood New Zealand for the Seafood processing (onshore) sector.
- For the period between August 2023 and October 2023 Meat Processing employers may apply for Job Checks as part of either year’s allocation, but they will need to specify which allocation they are applying under.

Effective 11/04/2024