7Method for determining the annual market salary rate where an Australian worker is performing equivalent work

7 Method for determining the annual market salary rate where an Australian worker is performing equivalent work

(1) For the purposes of subregulation 2.72(17) of the Regulations, where there is an Australian worker who is: (a) employed in the same workplace as the nominee; and (b) at the same location as the nominee; and (c) performing equivalent work to the nominee; the method for determining the annual market salary rate must be in accordance with subsection (2) or (3). (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: (a) to be the annual earnings specified in that instrument; or (b) by reference to relevant employment documents, provided that the annual earnings are not less than the annual earnings determined under paragraph (2)(a). (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.