WA3.15 Acceptable employment (10/03/2025)

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 New Zealand adult minimum wage (minimum wage).
3. 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.
4. The terms and conditions specified for the proposed employment must not be less than those of the New Zealand market for that occupation, including market rate of pay (W2.2.15) (WA3.30) and notice periods.
5. 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).
6. The pay period for the proposed employment must not be longer than one month.
7. 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).
8. 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.
9. 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.
10. The proposed employment must be compliant with all the relevant New Zealand employment laws in force.
11. The proposed employment must be genuine.
12. 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.
13. 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.
14. 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).

15. Evidence that the employment is acceptable must include, but is not limited to:
    1. a proposed employment agreement (see (p) below); and
    2. information about the minimum qualifications, work experience, skills, or other specifications required for the job; and
    3. any declarations provided with the Job Check.
16. 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.

       Note: 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.

17. When assessing whether the employment is acceptable:
    1. an immigration officer may accept a declaration from the employer or information provided in the Job Check application that confirms that they meet the requirements of these instructions; and
    2. an immigration officer may request and review further evidence if they are not satisfied that these requirements are met; and
    3. despite the requirement to determine applications for temporary entry in accordance with the instructions in effect at the time the application is made (E7.10(a)(ii)), a Job Check application may be determined in accordance with the instructions at (q)(i) and (ii) above if the application was made before 20 November 2024 and has not been decided.

Effective 10/03/2025