WA3.15 Acceptable employment

WA3.15.1 Employer requirements

1. The employer making a Job Check application must be:
   1. an accredited employer whose accreditation is not suspended; and
   2. the direct employer for the proposed employment (as defined at WA2.60.5).
2. The employer must provide a declaration that their employment agreement for the proposed job(s) will:
   1. include all mandatory clauses required by employment law; 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; 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.

Note: Direct employer does not exclude triangular employer arrangements as defined in WA2.60.15.

WA3.15.5 Remuneration requirements

1. The remuneration for the proposed employment must be at or above the New Zealand adult minimum wage.
2. An immigration officer must be satisfied that the rate of pay is not less than the market rate for that occupation (see W2.2.15 and WA3.25).
3. 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 WA3.25(g).
4. The pay period for the proposed employment must not be longer than one month.
5. When determining whether the market rate requirement at (b) above is met, an immigration officer may consider factors such as (but not limited to):
   1. What a New Zealand citizen or resident would be paid to do that job, or a similar job.
   2. Any collective agreements for the industry the job is in.
   3. The job description.
   4. The location of the job.
   5. How long the job is for.
   6. Any other terms and conditions of the job, for example hours of work.
   7. What training and experience is needed to do the job.
   8. Available industry salary guides.

WA3.15.10 Acceptable terms and conditions of employment

1. The proposed employment must be for a single accredited employer only, and:
   1. must be genuine (as defined at WA3.30.1); and 
   2. must be full time (at least 30 guaranteed hours per week for every week worked) for the duration of the employment period; and
   3. must be compliant with all the relevant New Zealand employment laws in force; and
   4. must not include terms and conditions that are less favourable than those of the New Zealand market, including notice periods; and
   5. 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; and
   6. 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 WA2.10.10(m).
2. 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 employment agreement; and
   2. not have the potential to disadvantage the employee.
3. 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.
4. 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).
5. When assessing whether the employment is acceptable an immigration officer may request and review further evidence, including the proposed employment agreement if they are not satisfied that these requirements are met.

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).

Effective 29/09/2025