WA3.15 Acceptable employment (20/06/2022)

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 $27.76 per hour, or the equivalent annual salary.
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(l).
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).

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.

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.

WA3.15.1 Requirements for occupations that are exempt from the median wage threshold

1. The remuneration for the proposed employment must be $25.00 per hour or above, or the equivalent annual salary, where the proposed employment is for an occupation that is listed in Appendix 14 as part of the:
   1. Construction and Infrastructure sector; or
   2. Tourism and Hospitality sector.
2. The remuneration for the proposed employment must be $25.39 per hour or above, or the equivalent annual salary, where the proposed employment is for an occupation that is listed in Appendix 14 as part of the Care Workforce sector.

Note: The proposed employment is exempt from the median wage threshold if it is for an occupation listed in Appendix 14, regardless of the actual sector the employment is in.

Effective 20/06/2022