Nominated Occupation

Tasks of the position do not align with nominated occupation

If there are concerns about whether the position's tasks match the nominated occupation in ANZSCO, a more detailed assessment is needed.

Decision makers should not just accept the list of duties provided, but consider whether the nominee will actually perform those tasks, taking into account:

• Where they'll be working
• Their position in your business structure
• The proposed tasks they'll perform
• Tasks performed by current employees

While decision makers don't assess whether it makes good business sense to hire a worker or pay a particular salary, the business context is relevant to ensure the nominee won't mainly be doing tasks at a lower skill level than the nominated occupation.

Examples:

• Concern raised: A car wash with only two employees nominates a Corporate General Manager (CGM). This raises concerns because even if the duties match ANZSCO and they can pay the salary, it's unlikely the nominee would actually be "planning, directing, controlling and reviewing day-to-day operations and major functions" as described in ANZSCO. The nominee couldn't perform most CGM tasks in this business context.
• Less concern: A business operating many car wash outlets around Australia nominates a CGM to work in head office. This is less concerning because the nominee could undertake the occupation's tasks.

Important points:

• The nominee should spend most of their time performing tasks of the nominated occupation, with only limited or occasional time on other tasks (especially those that could be done by non-skilled employees)

When assessing task alignment, decision makers:

• Should recognize that not every task in ANZSCO applies to each position, as positions often specialize depending on the business and the nominee's specialization
• Should focus on whether the position is consistent with the nominated occupation in the business context, allowing for some specialization – particularly when there are no concerns about the skill level
• Can consider changes in how occupations operate in the digital age, even if ANZSCO hasn't been updated, as long as the position is clearly highly skilled

Full time position

Decision makers must be satisfied that the position is full-time, with some exceptions.

A position is generally full-time when the employee works:

• 38 hours per week, OR
• Between 32 and 45 hours per week as specified in an industry award or agreement that's consistent with the National Employment Standards (NES)

If there's evidence the nominee would be expected to work excessive hours inconsistent with NES (more than 45 hours per week and/or excessive regular overtime), the application should be escalated for further guidance.

Part-time positions acceptable in limited circumstances

Decision makers may allow part-time positions if it's reasonable in the circumstances.

Part-time positions may be acceptable when consistent with Australian workplace relations framework, such as:

• Fractional appointments of overseas academics – senior academics or leading international experts who remain primarily employed by their overseas universities but have fractional appointments at Australian institutions for specific activities for a defined period
• Highly specialized medical practitioners – locum doctors or independent medical practitioners (especially in rural/regional areas) who don't work full-time hours or work irregular hours across multiple locations. Decision makers must check the appropriate occupation has been selected.
• Non-executive directors and senior specialized managers – highly paid board members of Australian-listed companies who must regularly attend board meetings in Australia for short periods (e.g., four or five times a year rather than specific hours per week)