{"id":"F2018L00284","name":"Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018","slug":"migration-immi-18-033-specification-of-income-threshold-and-annual-earnings-and-methodology-of-annua","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99917,"registerId":"commonwealth-F2018L00284-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018.\n  (2) This instrument may also be cited as IMMI 18/033.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 2.72(15)(b);\n    (b) subregulation 2.72(17);\n    (c) paragraph 2.72C(15)(b);\n    (d) paragraph 2.72C(15)(d);\n    (e) paragraph 2.79(1A)(b).\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Australian Worker means an employee that is either an Australian citizen or an Australian permanent resident.\n\n> fair work instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> Regulations means the Migration Regulations 1994.\n\n  Relevant employment documents may include, but is not limited to:\n    (a) pay slips;\n    (b) contract of employment.\n  Relevant information may include, but is not limited to:\n    (a) \n        information published on the Australian Government’s Jobs and Skills Australia, Occupation and Industry Profiles webpage;\n    (b) job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;\n    (c) written advice from registered employer associations and/or unions;\n    (d) remuneration surveys generated across the relevant industry by a reputable organisation or body.\n\n> state industrial instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> transitional instrument has the meaning given by Item 2 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.\n\n## Part 2—Income Threshold and Annual Earnings\n\n#### 5 Annual Earnings\n\n  For the purposes of paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Regulations, the specified amount of annual earnings is AUD 250,000.\n\n#### 6 Income Threshold\n\n  For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 76,515.\n\n## Part 3—Method of determination of Annual Market Salary Rate\n\n#### 7 Method for determining the annual market salary rate where an Australian worker is performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is an Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be in accordance with subsection (2) or (3).\n  (2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to an Australian worker mentioned in subsection (1), the annual market salary rate must be determined:\n    (a) to be the annual earnings specified in that instrument; or\n    (b) by reference to relevant employment documents, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument that is applicable to an Australian worker mentioned in subsection (1), the annual market salary rate is the annual earnings that apply in relation to an equivalent Australian worker, determined by reference to relevant employment documents.\n\n#### 8 Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is no Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be determined in accordance with subsection (2) or (3).\n\n(2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate must be determined:\n\n    (a) to be the annual earnings that would apply to an equivalent Australian worker as specified in that instrument; or\n    (b) by reference to relevant information, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate is the annual earnings that would apply in relation to an equivalent Australian worker, determined by reference to relevant information.\n\n## Part 4—Application\n\n#### 9 Application\n\n  This instrument applies to nominations for a proposed occupation by a standard business sponsor, a person who has applied to be a standard business sponsor, a party to a work agreement (other than the Minister) or a party to negotiations for a work agreement (other than a Minister), made on or after 18 March 2018 in relation to a:\n    (a) a holder of a Subclass 457 (Temporary Work (Skilled) visa;\n    (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa holder; or\n    (c) an applicant or proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa.\n\n> Note: This instrument applies to additional visas through operation of the Regulations: see subregulations 2.72C(15) and (16), 2.79A(2) and paragraphs 5.19(5)(o) and 5.19(9)(h) of the Migration Regulations 1994.\n\n#### 10 Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.\n\n  The amendments made by Schedule 1 to the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 apply to an application for approval of a nomination made after 30 June 2023.\n\n#### 11 Application of LIN 24/052\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 apply in relation to an application for approval of a nomination made on or after 1 July 2024.\n\n#### 12 Application of amendments made by LIN 24/094\n\n  The amendments of this instrument made by Schedule 3 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply to nomination of a proposed occupation in relation to:\n    (a) the holder of subclass 457 (Temporary Work (Skilled)) visa; or\n    (b) the holder of subclass 482 (Temporary Skill Shortage) visa; or\n    (c) the holder of a subclass 482 (Skills in Demand) visa; or\n    (d) an applicant or a proposed applicant (a nominated person) for a subclass 482 (Skills in Demand) visa;\n  made on or after the commencement of the amending instrument.\n\n#### 13 Application of amendments made by LIN 25/038\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025.\n\n#### 14 Application of amendments made by LIN 26/038\n\nThe amendments of this instrument made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 (LIN 26/038) apply in relation to:\n\n    (a) an application for the approval of a nomination made but not decided before the commencement of LIN 26/038; and\n    (b) an application for the approval of a nomination made on or after the commencement of LIN 26/038.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018.\n  (2) This instrument may also be cited as IMMI 18/033.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 2.72(15)(b);\n    (b) subregulation 2.72(17);\n    (c) paragraph 2.72C(15)(b);\n    (d) paragraph 2.72C(15)(d);\n    (e) paragraph 2.79(1A)(b).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Australian Worker means an employee that is either an Australian citizen or an Australian permanent resident.\n\n> fair work instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> Regulations means the Migration Regulations 1994.\n\n  Relevant employment documents may include, but is not limited to:\n    (a) pay slips;\n    (b) contract of employment.\n  Relevant information may include, but is not limited to:\n    (a) \n        information published on the Australian Government’s Jobs and Skills Australia, Occupation and Industry Profiles webpage;\n    (b) job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;\n    (c) written advice from registered employer associations and/or unions;\n    (d) remuneration surveys generated across the relevant industry by a reputable organisation or body.\n\n> state industrial instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> transitional instrument has the meaning given by Item 2 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Income Threshold and Annual Earnings","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018.\n  (2) This instrument may also be cited as IMMI 18/033.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 2.72(15)(b);\n    (b) subregulation 2.72(17);\n    (c) paragraph 2.72C(15)(b);\n    (d) paragraph 2.72C(15)(d);\n    (e) paragraph 2.79(1A)(b).\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Australian Worker means an employee that is either an Australian citizen or an Australian permanent resident.\n\n> fair work instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> Regulations means the Migration Regulations 1994.\n\n  Relevant employment documents may include, but is not limited to:\n    (a) pay slips;\n    (b) contract of employment.\n  Relevant information may include, but is not limited to:\n    (a) \n        information published on the Australian Government’s Jobs and Skills Australia, Occupation and Industry Profiles webpage;\n    (b) job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;\n    (c) written advice from registered employer associations and/or unions;\n    (d) remuneration surveys generated across the relevant industry by a reputable organisation or body.\n\n> state industrial instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> transitional instrument has the meaning given by Item 2 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.\n\n## Part 2—Income Threshold and Annual Earnings\n\n#### 5 Annual Earnings\n\n  For the purposes of paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Regulations, the specified amount of annual earnings is AUD 250,000.\n\n#### 6 Income Threshold\n\n  For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 76,515.\n\n## Part 3—Method of determination of Annual Market Salary Rate\n\n#### 7 Method for determining the annual market salary rate where an Australian worker is performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is an Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be in accordance with subsection (2) or (3).\n  (2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to an Australian worker mentioned in subsection (1), the annual market salary rate must be determined:\n    (a) to be the annual earnings specified in that instrument; or\n    (b) by reference to relevant employment documents, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument that is applicable to an Australian worker mentioned in subsection (1), the annual market salary rate is the annual earnings that apply in relation to an equivalent Australian worker, determined by reference to relevant employment documents.\n\n#### 8 Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is no Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be determined in accordance with subsection (2) or (3).\n\n(2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate must be determined:\n\n    (a) to be the annual earnings that would apply to an equivalent Australian worker as specified in that instrument; or\n    (b) by reference to relevant information, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate is the annual earnings that would apply in relation to an equivalent Australian worker, determined by reference to relevant information.\n\n## Part 4—Application\n\n#### 9 Application\n\n  This instrument applies to nominations for a proposed occupation by a standard business sponsor, a person who has applied to be a standard business sponsor, a party to a work agreement (other than the Minister) or a party to negotiations for a work agreement (other than a Minister), made on or after 18 March 2018 in relation to a:\n    (a) a holder of a Subclass 457 (Temporary Work (Skilled) visa;\n    (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa holder; or\n    (c) an applicant or proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa.\n\n> Note: This instrument applies to additional visas through operation of the Regulations: see subregulations 2.72C(15) and (16), 2.79A(2) and paragraphs 5.19(5)(o) and 5.19(9)(h) of the Migration Regulations 1994.\n\n#### 10 Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.\n\n  The amendments made by Schedule 1 to the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 apply to an application for approval of a nomination made after 30 June 2023.\n\n#### 11 Application of LIN 24/052\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 apply in relation to an application for approval of a nomination made on or after 1 July 2024.\n\n#### 12 Application of amendments made by LIN 24/094\n\n  The amendments of this instrument made by Schedule 3 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply to nomination of a proposed occupation in relation to:\n    (a) the holder of subclass 457 (Temporary Work (Skilled)) visa; or\n    (b) the holder of subclass 482 (Temporary Skill Shortage) visa; or\n    (c) the holder of a subclass 482 (Skills in Demand) visa; or\n    (d) an applicant or a proposed applicant (a nominated person) for a subclass 482 (Skills in Demand) visa;\n  made on or after the commencement of the amending instrument.\n\n#### 13 Application of amendments made by LIN 25/038\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025.\n\n#### 14 Application of amendments made by LIN 26/038\n\nThe amendments of this instrument made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 (LIN 26/038) apply in relation to:\n\n    (a) an application for the approval of a nomination made but not decided before the commencement of LIN 26/038; and\n    (b) an application for the approval of a nomination made on or after the commencement of LIN 26/038.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Annual Earnings","content":"#### 5 Annual Earnings\n\n  For the purposes of paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Regulations, the specified amount of annual earnings is AUD 250,000.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Income Threshold","content":"#### 6 Income Threshold\n\n  For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 76,515.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Method of determination of Annual Market Salary Rate","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018.\n  (2) This instrument may also be cited as IMMI 18/033.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 2.72(15)(b);\n    (b) subregulation 2.72(17);\n    (c) paragraph 2.72C(15)(b);\n    (d) paragraph 2.72C(15)(d);\n    (e) paragraph 2.79(1A)(b).\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Australian Worker means an employee that is either an Australian citizen or an Australian permanent resident.\n\n> fair work instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> Regulations means the Migration Regulations 1994.\n\n  Relevant employment documents may include, but is not limited to:\n    (a) pay slips;\n    (b) contract of employment.\n  Relevant information may include, but is not limited to:\n    (a) \n        information published on the Australian Government’s Jobs and Skills Australia, Occupation and Industry Profiles webpage;\n    (b) job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;\n    (c) written advice from registered employer associations and/or unions;\n    (d) remuneration surveys generated across the relevant industry by a reputable organisation or body.\n\n> state industrial instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> transitional instrument has the meaning given by Item 2 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.\n\n## Part 2—Income Threshold and Annual Earnings\n\n#### 5 Annual Earnings\n\n  For the purposes of paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Regulations, the specified amount of annual earnings is AUD 250,000.\n\n#### 6 Income Threshold\n\n  For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 76,515.\n\n## Part 3—Method of determination of Annual Market Salary Rate\n\n#### 7 Method for determining the annual market salary rate where an Australian worker is performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is an Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be in accordance with subsection (2) or (3).\n  (2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to an Australian worker mentioned in subsection (1), the annual market salary rate must be determined:\n    (a) to be the annual earnings specified in that instrument; or\n    (b) by reference to relevant employment documents, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument that is applicable to an Australian worker mentioned in subsection (1), the annual market salary rate is the annual earnings that apply in relation to an equivalent Australian worker, determined by reference to relevant employment documents.\n\n#### 8 Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is no Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be determined in accordance with subsection (2) or (3).\n\n(2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate must be determined:\n\n    (a) to be the annual earnings that would apply to an equivalent Australian worker as specified in that instrument; or\n    (b) by reference to relevant information, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate is the annual earnings that would apply in relation to an equivalent Australian worker, determined by reference to relevant information.\n\n## Part 4—Application\n\n#### 9 Application\n\n  This instrument applies to nominations for a proposed occupation by a standard business sponsor, a person who has applied to be a standard business sponsor, a party to a work agreement (other than the Minister) or a party to negotiations for a work agreement (other than a Minister), made on or after 18 March 2018 in relation to a:\n    (a) a holder of a Subclass 457 (Temporary Work (Skilled) visa;\n    (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa holder; or\n    (c) an applicant or proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa.\n\n> Note: This instrument applies to additional visas through operation of the Regulations: see subregulations 2.72C(15) and (16), 2.79A(2) and paragraphs 5.19(5)(o) and 5.19(9)(h) of the Migration Regulations 1994.\n\n#### 10 Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.\n\n  The amendments made by Schedule 1 to the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 apply to an application for approval of a nomination made after 30 June 2023.\n\n#### 11 Application of LIN 24/052\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 apply in relation to an application for approval of a nomination made on or after 1 July 2024.\n\n#### 12 Application of amendments made by LIN 24/094\n\n  The amendments of this instrument made by Schedule 3 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply to nomination of a proposed occupation in relation to:\n    (a) the holder of subclass 457 (Temporary Work (Skilled)) visa; or\n    (b) the holder of subclass 482 (Temporary Skill Shortage) visa; or\n    (c) the holder of a subclass 482 (Skills in Demand) visa; or\n    (d) an applicant or a proposed applicant (a nominated person) for a subclass 482 (Skills in Demand) visa;\n  made on or after the commencement of the amending instrument.\n\n#### 13 Application of amendments made by LIN 25/038\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025.\n\n#### 14 Application of amendments made by LIN 26/038\n\nThe amendments of this instrument made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 (LIN 26/038) apply in relation to:\n\n    (a) an application for the approval of a nomination made but not decided before the commencement of LIN 26/038; and\n    (b) an application for the approval of a nomination made on or after the commencement of LIN 26/038.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Method for determining the annual market salary rate where an Australian worker is performing equivalent work","content":"#### 7 Method for determining the annual market salary rate where an Australian worker is performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is an Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be in accordance with subsection (2) or (3).\n  (2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to an Australian worker mentioned in subsection (1), the annual market salary rate must be determined:\n    (a) to be the annual earnings specified in that instrument; or\n    (b) by reference to relevant employment documents, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument that is applicable to an Australian worker mentioned in subsection (1), the annual market salary rate is the annual earnings that apply in relation to an equivalent Australian worker, determined by reference to relevant employment documents.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work","content":"#### 8 Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is no Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be determined in accordance with subsection (2) or (3).\n\n(2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate must be determined:\n\n    (a) to be the annual earnings that would apply to an equivalent Australian worker as specified in that instrument; or\n    (b) by reference to relevant information, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate is the annual earnings that would apply in relation to an equivalent Australian worker, determined by reference to relevant information.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018.\n  (2) This instrument may also be cited as IMMI 18/033.\n\n#### 3 Authority\n\n  This instrument is made under the following provisions of the Migration Regulations 1994:\n    (a) paragraph 2.72(15)(b);\n    (b) subregulation 2.72(17);\n    (c) paragraph 2.72C(15)(b);\n    (d) paragraph 2.72C(15)(d);\n    (e) paragraph 2.79(1A)(b).\n\n#### 4 Definitions\n\n  In this instrument:\n\n> Australian Worker means an employee that is either an Australian citizen or an Australian permanent resident.\n\n> fair work instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> Regulations means the Migration Regulations 1994.\n\n  Relevant employment documents may include, but is not limited to:\n    (a) pay slips;\n    (b) contract of employment.\n  Relevant information may include, but is not limited to:\n    (a) \n        information published on the Australian Government’s Jobs and Skills Australia, Occupation and Industry Profiles webpage;\n    (b) job advertisements from a national recruitment website or national print media that are in English and specify the salary arrangements for the advertised position;\n    (c) written advice from registered employer associations and/or unions;\n    (d) remuneration surveys generated across the relevant industry by a reputable organisation or body.\n\n> state industrial instrument has the meaning given by section 12 of the Fair Work Act 2009.\n\n> transitional instrument has the meaning given by Item 2 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.\n\n## Part 2—Income Threshold and Annual Earnings\n\n#### 5 Annual Earnings\n\n  For the purposes of paragraphs 2.72(15)(b), 2.72C(15)(b) and 2.79(1A)(b) of the Regulations, the specified amount of annual earnings is AUD 250,000.\n\n#### 6 Income Threshold\n\n  For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 76,515.\n\n## Part 3—Method of determination of Annual Market Salary Rate\n\n#### 7 Method for determining the annual market salary rate where an Australian worker is performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is an Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be in accordance with subsection (2) or (3).\n  (2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to an Australian worker mentioned in subsection (1), the annual market salary rate must be determined:\n    (a) to be the annual earnings specified in that instrument; or\n    (b) by reference to relevant employment documents, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument that is applicable to an Australian worker mentioned in subsection (1), the annual market salary rate is the annual earnings that apply in relation to an equivalent Australian worker, determined by reference to relevant employment documents.\n\n#### 8 Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work\n\n  (1) For the purposes of subregulation 2.72(17) of the Regulations, where there is no Australian worker who is:\n    (a) employed in the same workplace as the nominee; and\n    (b) at the same location as the nominee; and\n    (c) performing equivalent work to the nominee;\n  the method for determining the annual market salary rate must be determined in accordance with subsection (2) or (3).\n\n(2) Where there is a fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate must be determined:\n\n    (a) to be the annual earnings that would apply to an equivalent Australian worker as specified in that instrument; or\n    (b) by reference to relevant information, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a).\n  (3) Where there is no fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate is the annual earnings that would apply in relation to an equivalent Australian worker, determined by reference to relevant information.\n\n## Part 4—Application\n\n#### 9 Application\n\n  This instrument applies to nominations for a proposed occupation by a standard business sponsor, a person who has applied to be a standard business sponsor, a party to a work agreement (other than the Minister) or a party to negotiations for a work agreement (other than a Minister), made on or after 18 March 2018 in relation to a:\n    (a) a holder of a Subclass 457 (Temporary Work (Skilled) visa;\n    (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa holder; or\n    (c) an applicant or proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa.\n\n> Note: This instrument applies to additional visas through operation of the Regulations: see subregulations 2.72C(15) and (16), 2.79A(2) and paragraphs 5.19(5)(o) and 5.19(9)(h) of the Migration Regulations 1994.\n\n#### 10 Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.\n\n  The amendments made by Schedule 1 to the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 apply to an application for approval of a nomination made after 30 June 2023.\n\n#### 11 Application of LIN 24/052\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 apply in relation to an application for approval of a nomination made on or after 1 July 2024.\n\n#### 12 Application of amendments made by LIN 24/094\n\n  The amendments of this instrument made by Schedule 3 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply to nomination of a proposed occupation in relation to:\n    (a) the holder of subclass 457 (Temporary Work (Skilled)) visa; or\n    (b) the holder of subclass 482 (Temporary Skill Shortage) visa; or\n    (c) the holder of a subclass 482 (Skills in Demand) visa; or\n    (d) an applicant or a proposed applicant (a nominated person) for a subclass 482 (Skills in Demand) visa;\n  made on or after the commencement of the amending instrument.\n\n#### 13 Application of amendments made by LIN 25/038\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025.\n\n#### 14 Application of amendments made by LIN 26/038\n\nThe amendments of this instrument made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 (LIN 26/038) apply in relation to:\n\n    (a) an application for the approval of a nomination made but not decided before the commencement of LIN 26/038; and\n    (b) an application for the approval of a nomination made on or after the commencement of LIN 26/038.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Application","content":"#### 9 Application\n\n  This instrument applies to nominations for a proposed occupation by a standard business sponsor, a person who has applied to be a standard business sponsor, a party to a work agreement (other than the Minister) or a party to negotiations for a work agreement (other than a Minister), made on or after 18 March 2018 in relation to a:\n    (a) a holder of a Subclass 457 (Temporary Work (Skilled) visa;\n    (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa holder; or\n    (c) an applicant or proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa.\n\n> Note: This instrument applies to additional visas through operation of the Regulations: see subregulations 2.72C(15) and (16), 2.79A(2) and paragraphs 5.19(5)(o) and 5.19(9)(h) of the Migration Regulations 1994.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.","content":"#### 10 Application of the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023.\n\n  The amendments made by Schedule 1 to the Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 apply to an application for approval of a nomination made after 30 June 2023.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Application of LIN 24/052","content":"#### 11 Application of LIN 24/052\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 apply in relation to an application for approval of a nomination made on or after 1 July 2024.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Application of amendments made by LIN 24/094","content":"#### 12 Application of amendments made by LIN 24/094\n\n  The amendments of this instrument made by Schedule 3 to the Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 (the amending instrument) apply to nomination of a proposed occupation in relation to:\n    (a) the holder of subclass 457 (Temporary Work (Skilled)) visa; or\n    (b) the holder of subclass 482 (Temporary Skill Shortage) visa; or\n    (c) the holder of a subclass 482 (Skills in Demand) visa; or\n    (d) an applicant or a proposed applicant (a nominated person) for a subclass 482 (Skills in Demand) visa;\n  made on or after the commencement of the amending instrument.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Application of amendments made by LIN 25/038","content":"#### 13 Application of amendments made by LIN 25/038\n\n  The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Application of amendments made by LIN 26/038","content":"#### 14 Application of amendments made by LIN 26/038\n\nThe amendments of this instrument made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 (LIN 26/038) apply in relation to:\n\n    (a) an application for the approval of a nomination made but not decided before the commencement of LIN 26/038; and\n    (b) an application for the approval of a nomination made on or after the commencement of LIN 26/038.","sortOrder":16}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument's core purpose—specifying numeric thresholds (annual earnings and TSMIT) and setting the method for calculating the annual market salary rate—remains the same as its original subject matter. Subsequent clauses listed (LIN amendments) update application dates, add specific visa streams (e.g. Skills in Demand streams) and alter thresholds or methodology details over time, but these are iterative adjustments within the same regulatory domain rather than a material expansion beyond the instrument's original scope."},"complexity_factors":["Short instrument with focused subject matter (AMSR method and two numeric thresholds) limiting overall complexity","4 defined terms explicitly given (Australian Worker, fair work instrument, state industrial instrument, transitional instrument) plus non‑exhaustive lists for evidence/information (s4)","Two conditional branches for AMSR calculation (exists equivalent Australian worker v does not exist) with suboptions in each branch (s7–8)","Requirement that AMSR not be set below figures in applicable industrial instruments introduces a binding floor in some branches (s7(2)(a), s8(2)(a))","Multiple cross‑references to the Migration Regulations (paragraphs 2.72, 2.72C, 2.79) and to the Fair Work Act definitions (s3–4)","Non‑exhaustive and varied forms of acceptable evidence/information (pay slips, contracts, Jobs and Skills Australia data, job ads, surveys), which increases discretionary assessment complexity (s4, s7–8)","Several amendment/application clauses with staggered commencement dates (LIN 23/045, LIN 24/052, LIN 24/094, LIN 25/038, LIN 26/038) add temporal complexity about which version applies to a given nomination (s10–14)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This legislative instrument sets two dollar thresholds and prescribes how to calculate the \"annual market salary rate\" used when employers nominate skilled temporary workers under specified migration rules.\n  - It fixes the specified amount of \"annual earnings\" at AUD 250,000 (section 5).  \n  - It fixes the temporary skilled migration income threshold (TSMIT) at AUD 76,515 (section 6).  \n- It explains, in two distinct scenarios, how to determine the annual market salary rate (AMSR):\n  - Where there is an Australian worker performing equivalent work in the same workplace and location as the nominee (section 7): first look to any applicable Fair Work/state industrial/transitional instrument to set the AMSR; if none, determine AMSR from relevant employment documents (pay slips, contracts) (s7(2)–(3)). If an industrial instrument applies, AMSR must be at least the amount in that instrument (s7(2)(b)).\n  - Where there is no equivalent Australian worker in the same workplace/location (section 8): first look to any industrial instrument applying to the occupation; otherwise determine AMSR by using relevant information (occupation profiles, national job ads, industry remuneration surveys, advice from associations/unions). If an instrument applies, the AMSR cannot be set below the amount specified in that instrument (s8(2)).\n- It defines key terms used for these rules (e.g. \"Australian worker\", \"fair work instrument\") and gives non‑exhaustive examples of acceptable evidence (section 4).\n- It states which kinds of nominations and visa subclasses the instrument applies to and the dates from which various later amendments take effect (section 9 and sections 10–14).\n\n**Who is affected**\n\n- Employers and sponsors who nominate a foreign worker for certain temporary skilled visas (notably Subclass 457 and Subclass 482 and related streams) (s9).  \n- The nominated foreign workers (nominees), because AMSR and the TSMIT influence whether a nomination is approved and whether the nominee meets minimum income criteria (s5–6, s7–8).  \n- The Department assessing nominations, which must apply the stepwise methods and decide whether provided documents or information meet the tests (s7–8, s4).\n\n**Why it matters (practical effects and legal role)**\n\n- These dollar figures and the AMSR methodology are inputs to the Migration Regulations tests that check whether a nomination pays market rates and meets income thresholds. In practice they influence whether a nomination is approved and how employers structure pay and evidence. (See sections 5–8 and the Migration Regulations cross‑references in section 3.)\n\n**Official purpose claims and a practical check against costs and incentives**\n\n- The instrument’s stated legal function is to specify numerical thresholds and a clear methodology so decision‑makers and sponsors can determine a compliant AMSR and check income thresholds (s3, s5–8).  \n- Practical consequences and trade‑offs:  \n  - Who pays: Employers bear the direct cost of higher wages if the AMSR or thresholds require pay at or above those levels (s5–6, s7–8).  \n  - Administrative cost and compliance: Sponsors must collect documentary evidence (pay slips, contracts) or gather industry information (job ads, remuneration surveys, Jobs and Skills Australia profiles) to establish AMSR (s4, s7–8). That increases compliance work for employers and creates evidentiary tasks for the Department.  \n  - Decision authority and discretion: The Department applies the stepwise rules and assesses whether the evidence or information is \"relevant\" and comes from reputable sources (s4, s7–8). The instrument leaves room for judgement about what counts as sufficient evidence (non‑exhaustive lists in s4), which is an implementation risk.  \n  - Behavioural incentives: Employers may change hiring, pay, or nomination strategies to meet thresholds (e.g. increase salaries, recruit locally where existing Australian workers set the AMSR, or seek alternative visa pathways). The existence of a floor (can't set AMSR below an applicable instrument's figure) limits downward flexibility where instruments apply (s7(2)(a), s8(2)(a)).\n  - Market effects: The instrument does not set wages directly for all roles, but by anchoring AMSR to industrial instruments or market evidence it influences wage benchmarks used in migration approvals (s7–8).\n\n**Implementation risks, and where costs concentrate**\n\n- Implementation risk: The test relies on non‑exhaustive \"relevant information\" and the Department’s assessment of its credibility (s4, s7(3), s8(3)). That can produce inconsistent outcomes unless internal guidance is detailed.  \n- Concentrated benefits and diffuse costs: Clarity about thresholds benefits employers and advisers who recruit internationally for high paid or straightforward roles; compliance costs (evidence gathering and potential higher wages) fall on sponsoring employers across many industries.  \n- Opportunity costs: Employers may face higher wage bills or redirect recruitment efforts away from visa recruitment because of the TSMIT or AMSR outcomes (s5–6, s7–8).\n\n**Key sections to look at for operational use**\n\n- Definitions and permitted evidence examples: section 4.  \n- Specified amounts (numeric thresholds): sections 5 (AUD 250,000) and 6 (AUD 76,515).  \n- AMSR method where an equivalent Australian worker exists in the same workplace/location: section 7.  \n- AMSR method where no equivalent Australian worker exists in the same workplace/location: section 8.  \n- Application to visa types and commencement/amendment dates: section 9 and sections 10–14.\n\n(Notes: references in parentheses are to sections of this instrument. The instrument operates by reference to provisions of the Migration Regulations 1994 and to terms defined in the Fair Work Act for industrial instruments.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2018 instrument was relatively straightforward, setting income thresholds and market salary methodology for 457 and 482 visas. However, the accumulation of amendments through clauses 10-14 has significantly expanded its scope. The instrument now governs: (1) the original 457/482 visas, (2) the 2023 threshold increases, (3) the 2024 threshold adjustments, (4) the entirely new 'Skills in Demand' visa subclass introduced in 2024, (5) 2025 TSMIT increases, and (6) 2026 amendments with retrospective application to pending applications. What began as a simple specification instrument has become a complex consolidation of 8 years of migration policy evolution, effectively serving as a permanent legislative vehicle for ongoing salary threshold adjustments rather than a one-off determination."},"complexity_factors":["Multiple overlapping application dates for amendments (clauses 10-14) creating a complex temporal matrix for determining which version applies to which nomination","Extensive cross-referencing to external legislation (Fair Work Act 2009, Migration Regulations 1994) requiring knowledge of defined terms from other statutes","Bifurcated methodology in Part 3 with parallel but distinct tests depending on whether an Australian worker performs 'equivalent work'","Nested conditional logic in sections 7 and 8 with multiple tiers: (1) existence of equivalent worker, (2) existence of applicable industrial instrument, (3) alternative determination methods","6 defined terms in section 4, but 3 of them rely on external statutory definitions ('fair work instrument', 'state industrial instrument', 'transitional instrument')","Application provisions span 6 separate clauses covering amendments from 2023 through 2026, including both prospective and retrospective application (clause 14 applies to pending applications)"],"plain_english_summary":"This instrument sets salary rules for Australian employers hiring skilled temporary visa holders, establishing a $250,000 high‑income threshold that eases some visa requirements and a $76,515 Temporary Skilled Migration Income Threshold (TSMIT) that is the minimum pay. It requires employers to match local market rates—paying the same as an Australian in the role or using awards, ads, unions, or surveys to set pay. It affects sponsors under Subclass 457/482 and the 2024 Skills‑in‑Demand stream, protecting local wages while allowing needed hires."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-033-specification-of-income-threshold-and-annual-earnings-and-methodology-of-annua","history":"/api/acts/migration-immi-18-033-specification-of-income-threshold-and-annual-earnings-and-methodology-of-annua/history","analysis":"/api/acts/migration-immi-18-033-specification-of-income-threshold-and-annual-earnings-and-methodology-of-annua/analysis","conflicts":"/api/acts/migration-immi-18-033-specification-of-income-threshold-and-annual-earnings-and-methodology-of-annua/conflicts","importantCases":"/api/acts/migration-immi-18-033-specification-of-income-threshold-and-annual-earnings-and-methodology-of-annua/important-cases","documents":"/api/acts/migration-immi-18-033-specification-of-income-threshold-and-annual-earnings-and-methodology-of-annua/documents"}}