# Obligation to ensure equivalent terms and conditions of employment—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

> reg-2.79A — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.79A Obligation to ensure equivalent terms and conditions of employment—
          Subclass 494 (Skilled Employer Sponsored Regional (Provisional))
          visa
          (1) This regulation applies:
               (a) to a person who is or was a standard business sponsor of a primary
                    sponsored person if:
                      (i) the primary sponsored person holds a Subclass 494 (Skilled Employer
                          Sponsored Regional (Provisional)) visa; or
                     (ii) the last substantive visa held by the primary sponsored person was a
                          Subclass 494 (Skilled Employer Sponsored Regional (Provisional))
                          visa; or
               (b) to a person who is or was a party to a work agreement (other than a
                    Minister), and who is or was an approved work sponsor of a primary
                    sponsored person, if:
                      (i) the primary sponsored person holds a Subclass 494 (Skilled Employer
                          Sponsored Regional (Provisional)) visa; or
                     (ii) the last substantive visa held by the primary sponsored person was a
                          Subclass 494 (Skilled Employer Sponsored Regional (Provisional))
                          visa.
          (2) This regulation does not apply to a standard business sponsor of a primary
              sponsored person if the annual earnings of the primary sponsored person are
              equal to or greater than the amount specified by the Minister in an instrument in
              writing for the purposes of paragraph 2.79(1A)(b).
          (3) The person must ensure that:
               (a) if the person is mentioned in paragraph (1)(a):
                     (i) the primary sponsored person’s annual earnings in relation to the
                         occupation are not less than the annual earnings the person indicated,
                         at the time the nomination was approved, would be provided to the
                         primary sponsored person for the occupation; and
                    (ii) the primary sponsored person’s earnings in relation to the occupation
                         are not less than the earnings an Australian citizen or an Australian
                         permanent resident earns or would earn for performing equivalent
                         work in the same workplace at the same location; and
                   (iii) the employment conditions (other than in relation to earnings) that
                         apply to the primary sponsored person are no less favourable than
                         those that apply, or would apply, to an Australian citizen or an









                           Australian permanent resident performing equivalent work at the
                           same location; or
                 (b) if the person is mentioned in paragraph (1)(b), the terms and conditions of
                     employment provided to the primary sponsored person are no less
                     favourable than the terms and conditions of employment set out in the
                     work agreement.
          (4) The obligations mentioned in subregulation (3):
               (a) start to apply on:
                     (i) the day on which the Minister approves a nomination by the person in
                         which the primary sponsored person is identified; or
                    (ii) if the primary sponsored person does not hold a Subclass 494 (Skilled
                         Employer Sponsored Regional (Provisional)) visa on the day the
                         Minister approves the nomination—the day on which the primary
                         sponsored person is granted the visa on the basis of being identified in
                         an approved nomination by the person; and
               (b) end on the earlier of:
                     (i) the day on which the primary sponsored person is granted a further
                         substantive visa that:
                              (A) is not a Subclass 494 (Skilled Employer Sponsored Regional
                                   (Provisional)) visa; and
                              (B) is in effect; and
                    (ii) the day on which the primary sponsored person ceases employment
                         with the person.