Migration (IMMI 18/033: Specification of Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018

law://au/li/2018/f2018l00284@2026-11-13

Contents

1 Name #

(1)This instrument is the Migration (IMMI 18/033: Specification of 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);

(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.

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.

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.

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.

9 Application #

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:

(a)a holder of a Subclass 457 (Temporary Work (Skilled) visa;

(b)a holder of a Subclass 482 (Temporary Skill Shortage) visa holder; or

(c)an applicant or proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa.

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.

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.#

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.

11 Application of LIN 24/052 #

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.

12 Application of amendments made by LIN 24/094 #

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:

(a)the holder of subclass 457 (Temporary Work (Skilled)) visa; or

(b)the holder of subclass 482 (Temporary Skill Shortage) visa; or

(c)the holder of a subclass 482 (Skills in Demand) visa; or

(d)an applicant or a proposed applicant (a nominated person) for a subclass 482 (Skills in Demand) visa;

made on or after the commencement of the amending instrument.

13 Application of amendments made by LIN 25/038 #

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.

14 Application of amendments made by LIN 26/038 #

The 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:

(a)an application for the approval of a nomination made but not decided before the commencement of LIN 26/038; and

(b)an application for the approval of a nomination made on or after the commencement of LIN 26/038.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Migration (IMMI 18/033: Specification of Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018

Migration (IMMI 18/033: Specification of Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018

1 Name #

3 Authority #

4 Definitions #

5 Annual Earnings #

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

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

9 Application #

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.#

11 Application of LIN 24/052 #

12 Application of amendments made by LIN 24/094 #

13 Application of amendments made by LIN 25/038 #

14 Application of amendments made by LIN 26/038 #

Defined terms · 5

Key facts

Connections

History · 1 version

1 Name #

3 Authority #

4 Definitions #

5 Annual Earnings #

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

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

9 Application #

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.#

11 Application of LIN 24/052 #

12 Application of amendments made by LIN 24/094 #

13 Application of amendments made by LIN 25/038 #

14 Application of amendments made by LIN 26/038 #