The covering letter will summarise your business case for the need for an employer sponsored visa to address a critical skill shortage in your organisation.

Explain who you are:

• What is your Business? Outline the goods or services produced buy the business.
• Where are you operating this business from and what area does your business cover?
• How long have you been located and operating in this region?

What is the position, skills and experience you have been unable to source locally? Why?

• Describe the position
• How this role is significant within your business, ie how the nominated position contributes to maintaining or enhancing the business.
• What attempts have been made to recruit to this position overtime, and what has been your experience?
• Why these skills are not available locally?

If possible provide information about how your business is significant to the region? That is: services you provide, businesses you support, etc. If relevant describe the experience you have in this industry?

If your organisation has taken on apprentices and traineeships and can evidence these.

It is expected that, the majority of the time, the nominated position will be performing tasks from within the chosen classification.

A detailed organisational chart includes all of the position titles within an organisation and outlines the organisational divisions and accountability requirements diagrammatically. Highlight where the nominated position fits into the structure indicating if it is vacant or filled by a temporary resident.
Showing:

• full time, part time and casual positions located in the region
• the names of each employee and their visa status if applicable (for example: Australian Citizen, Permanent Resident, ... Visa) or indicate the position is vacant.
• salary range.

• Lease agreements for a premise in this region that shows the business has been located in the Geelong region over a sustained period of time and will continue to be.
• Evidence of ownership of a building in the Geelong region that the business is located in.
• Marketing collateral that highlights a business is based in this region – brochures, advertisements, websites, social media etc.
• Evidence of operating in Geelong; Customer lists/invoices with other Geelong region businesses/individuals, Business Cards.
• Other proofs that highlight the business is operating at an address and conducting business in the Geelong region over time. For example; Bills, Community Sponsorships.
• We must be satisfied the nominating business is operating/based in the Geelong RCB area (not only providing services) to be able to assess criteria.

The minimum wages and conditions an employee is entitled to are set out in awards. Awards don’t apply when a business has an enterprise agreement or other registered agreement and the employee is covered by it

• Awards apply to employees depending on the industry they work in or the job that they do.
• There are over 100 industry and occupation awards that set the minimum standard employment conditions for an industry and cover most people working in Australia.
• Most employees are covered by an award or registered agreement, but a few jobs and industries are not.
• Enterprise agreements apply to specific businesses and must be registered with the Fair Work Commission.

(Reference: Fair Work Ombudsman)

Employment contracts

An employment contract is an agreement between an employer and employee that sets out terms and conditions of employment. An employment contract cannot provide for less than the legal minimum set out in:

• the National Employment Standards (NES)
• awards, enterprise agreements or other registered agreements that may apply.

Reference: Department of Home Affairs: Salary Requirements

Determining the AMSR:

Where there is an equivalent Australian worker the AMSR is what you are paying this worker evidence that the current/prior equivalent Australian worker is being paid this amount (ie copies of employment contracts and payslips for this employee)

If the worker's salary is based on anenterprise agreement or industrial award, provide:

- the name of the agreement or award as recorded by the Fair Work Commission
- the salary level or occupation group that applies to the nomination and explain why that classification is applicable to the nominee

If there is no relevant agreement or award, or you are paying your Australian employees above the award rate provide:

- copies of relevant employment contracts and
- pay slips for this employee and an explanation to how this salary rate was determined

Note:Personal information of equivalent employees may be censored.

An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee, however, demonstrating what this worker is paid and providing an explanation of the difference in salary can be included in your AMSR statement.

Where there is no equivalent Australian worker but there is an enterprise agreement or industrial award

There are more than 100 industry or occupation awards that outline the minimum standards applicable to that industry and cover most people who work in Australia.
Provide information on the award or agreement including the relevant classification of the position/nominee and an explanation of why it is applicable

Where there is no equivalent worker, agreement or award you must determine the ASMR and provide a statement outlining how you used relevant information to determine what the worker will be paid. Relevant information could include at least two of the following:

• jobs and skills Australia occupation and industry profiles
• advertisements from the last six months for equivalent positions in the same area showing salary
• remuneration surveys completed by a reputable organisation
• written advice from unions or employer associations.

To demonstrate the need for the nominated position (RSMS) , you will need to provide:

Skilled vacancy statements

Written and signed by the employer, the statement should outline the need for the nominated position in the business and what attempts have been made to recruit to the position and include their industry experience and understanding as to why no suitably qualified Australian citizen or permanent resident can be source from the Australian labour market.

• How is the position integral to your business?
• How did the vacancy come about?

Evidence to support the need for the nominated position This may include:

• evidence that the position has existed and been previously occupied but has become vacant through attrition (eg resignation letter of previous employee)
• evidence that the position is currently occupied by a temporary resident
• evidence of an increase in business activity (for example: new contracts won or increased/full bookings) requiring workers in the nominated occupation
• evidence of overtime work or increase in overtime work for employees currently in the nominated occupation

If the business is diversifying:

• evidence of appropriate market research
• business plan detailing proposed expansion and timelines
• financial budgets covering expenditure and anticipated revenue
• evidence of availability of funding (such as own funds or bank loans)

Other evidence may include:

• evidence your organisation has taken on apprentices and traineeships
• evidence of upskilling current staff

The Employer’s Skill Vacancy Statement also provides a chance to discuss the appropriateness of the recruitment strategies used and to demonstrate knowledge regarding the current local labour market. If a position requires specialist skills or qualifications, evidence supporting the need for these should also be provided.

You can search for an agency relevant to your business needs. Each agency specialises in particular skill areas or occupations.

Visit each website and familiarise yourself with the types of occupations and skills they specialise in to determine whether they are appropriate for the position in question.

We have been advised there is no cost to establish if an agency has suitable candidates available, or could readily source candidates, and that Recruitment Services are Tax deductible.

Evidence of engaging a local recruitment professional, whose job is to actively fill positions for organisations, (not a job search agency) to source a candidate able to fulfil the duties of the nominated position would be highly regarded. Our expectation would be that the needs of the business and the nature of the role be discussed as well as the work involved and any specific duties, qualifications or experience required.

A statement outlining their strategy and the result of their efforts should also be provided, including an explanation as to why any applicants were unsuccessful, in relation to the criteria of the position description.

If the Geelong RCB is unaware of a skill shortage for the nominated position, the onus is on the employer to demonstrate that they have made reasonable and genuine efforts over time to fill a vacancy with an appropriately skilled Australian citizen or Australian permanent resident who is living or would move to the local area*.

Evidence of recruitment strategies and the results of those efforts:

• Published copies of the relevant job vacancy advertisements - advertised to attract the best possible response, that clearly identify the publication and show date.
• We would expect the position advertised would reflect the same skill and qualification requirements and offer the same terms and salary as the position being nominated for the RSMS, as well as be advertised to attract the best possible response.
• Advertising receipts and evidence showing the timing and length of any campaign.
• Evidence of engagement of a relevant local recruitment agency - provide advice/reports/receipts that includes information on what skills they recruited for, what was done to recruit to the position and how long they recruited for.
• Copies of correspondence with education providers, industry bodies and networks.
• Advertising shortages at recent local Jobs and Skills expos
• Details of all applicants received and information on why candidates were unsuitable for the position; correlating the tasks and skill requirements of the nominated position with the qualifications and experience of the job applicants

The Employer’s Skill Vacancy Statement also provides a chance to discuss the appropriateness of the recruitment strategies used and to demonstrate knowledge regarding the current local labour market. If a position requires specialist skills or qualifications, evidence supporting the need for these should also be provided.

Additional evidence to support a skill shortage:

• Letters of support from industry associations or other local business operators in the same area of service provision experiencing difficulty in filling positions in recent times
• Reference to/copies of relevant published surveys or reports.

Overseas migration should only be considered as a last resort and when all other options to attract Australian workers have been exhausted.

*within commuting distance

The advice provided by a RCB is intended to ensure all nominations have been scrutinised by a third party who is familiar with local labour market conditions and who might be able to provide information on regional matters which the Department of Home Affairs might not be aware of.

The Geelong RCB uses its knowledge of the local labour market, its own research and considers the evidence provided by employers in providing advice to the Department of Home Affairs. Our advice relates to the nominated position and the current state of the labour market only.

When we research the local AMSR we refer to any applicable industrial award do determine any legislated minimum pay rate, research online job advertisements and associated reports as well as having discussions with local employers, recruitment professionals and stakeholders as approprate.

For the RSMS, to advise the Department of Home Affairs on the criteria ‘whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned’ (within commuting distance) we have discussions about both the position (Duties/Qualifications/Salary) and the availability of suitable candidates with a range of local stakeholders such as:

• Industry Facilitators from Local Council Economic Development Units who can utilise their relevant contacts.
• Industry Bodies/Representatives/Trades Hall
• Local Education Providers
• Employers in the same local area - what is their experience regarding the labour market and what are their recruitment strategies?
• Employers who have recently advertised for a similar role (How many local applicants did they get? How many were suitable/interviewed? What recruitment strategies were used? How long was the campaign?)
• Local relevant recruitment professionals (Have they recruited for the position recently? What was their experience? What are reasonable recruitment strategies for a position such as this? What skills and qualifications are required to perform this role? Do they have candidates they could immediately recommend?)

We take all this information into account, as well as look at what the business did to fill the position, when providing advice to the Department of Home Affairs.

It is not the role of an RCB to determine an applicant’s suitability for a nominated position. Our role is only to assess the position against Department of Home Affairs guidelines.

Evidence supporting the need for the business to locate in/to the region and also documenting the business’s operation in the Geelong region should also be provided.

Include in your employer statement any relevant past business experience and knowledge.

Visit the Office of the Migration Agents Registration Authority page to find registered agents.

Migration agents appointed by employers must provide a copy of the completed 956 form.