Part 4Application

Part 1—Preliminary

1 Name

(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. (2) This instrument may also be cited as IMMI 18/033.

3 Authority

This instrument is made under the following provisions of the Migration Regulations 1994: (a) paragraph 2.72(15)(b); (b) subregulation 2.72(17); (c) paragraph 2.72C(15)(b); (d) paragraph 2.72C(15)(d); (e) paragraph 2.79(1A)(b).

4 Definitions

In this instrument:

Australian Worker means an employee that is either an Australian citizen or an Australian permanent resident.

fair work instrument has the meaning given by section 12 of the Fair Work Act 2009.

Regulations means the Migration Regulations 1994.

Relevant employment documents may include, but is not limited to: (a) pay slips; (b) contract of employment. Relevant information may include, but is not limited to: (a) information published on the Australian Government’s Jobs and Skills Australia, Occupation and Industry Profiles webpage; (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; (c) written advice from registered employer associations and/or unions; (d) remuneration surveys generated across the relevant industry by a reputable organisation or body.

state industrial instrument has the meaning given by section 12 of the Fair Work Act 2009.

transitional instrument has the meaning given by Item 2 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Part 2—Income Threshold and Annual Earnings

5 Annual Earnings

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.

6 Income Threshold

For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 76,515.

Part 3—Method of determination of Annual Market Salary Rate

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.