8Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work

8 Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work

(1) For the purposes of subregulation 2.72(17) of the Regulations, where there is no 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 determined in accordance with subsection (2) or (3).

(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:

(a) to be the annual earnings that would apply to an equivalent Australian worker as specified in that instrument; or
(b) by reference to relevant information, 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 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.