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IMMI 18/033 Other as amended, taking into account amendments up to Migration (LIN 19/213: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018) Amendment Instrument 2019
Administered by: Home Affairs
Registered 22 Nov 2019
Start Date 16 Nov 2019
Table of contents.

Commonwealth Coat of Arms of Australia

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

made under subregulation 2.72(17) and paragraphs 2.72(15)(b); 2.72(15)(d) and 2.79(1A)(b) of the

Migration Regulations 1994

Compilation No. 1

Compilation date:                              16 November 2019

Includes amendments up to:            F2019L01448

Registered:                                         22 November 2019

 

About this compilation

This compilation

This is a compilation of the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 that shows the text of the law as amended and in force on 16 November 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.  

  

  


Contents

 

Part 1 - Preliminary

1               Name.... ...................................................................................................................... 1

3               Authority..................................................................................................................... 1

4               Definitions................................................................................................................... 1

5               Annual Earnings.......................................................................................................... 2

6               Income Threshold........................................................................................................ 2

7               Method for determining the annual market salary rate where an Australian worker is performing equivalent work...................................................................................................................... 3

8               Method of determining the annual market salary rate where there is not an Australian worker performing equivalent work.............................................................................................................. 3

9............................ Application.................................................................................................... 5

Endnotes                                                                                                                                                                 6

Endnote 1—About the endnotes                                                                                                        6

Endnote 2—Abbreviation key                                                                                                            7

Endnote 3—Legislation history                                                                                                         8

Endnote 4—Amendment history                                                                                                       9

 


Part 1Preliminary

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 subregulation 2.72(17) and paragraphs 2.72(15)(b); 2.72(15)(d) and 2.79(1A)(b) of the Regulations.

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 Job Outlook website;

(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 section 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Part 2Income Threshold and Annual Earnings

5   Annual Earnings  

                   For the purposes of paragraphs 2.72(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 2.72(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 53,900.


 

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 a there is a fair work instrument, state industrial instrument or transitional instrument applicable to 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 annual market salary rate for an equivalent nominated occupation or an occupation in relation to which a position is nominated under regulation 5.19 of the Regulations, is the annual earnings of an Australian worker contained in those instruments.

             (2)  Where there is no fair work instrument, state industrial instrument or transitional instrument that is applicable to 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 annual market salary rate for an equivalent nominated occupation or an occupation in relation which a position is nominated under regulation 5.19 of the Regulations, must be 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

                   For the purposes of subregulation 2.72(17) of the Regulations, and where section 7 of this instrument does not apply and:

                    (a)    where there is a fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate for a nominated occupation, or an occupation in relation to which a position is nominated under regulation 5.19 of the Regulations, is the annual earnings of an equivalent Australian worker specified in those instruments.

                   (b)    Where there is no fair work instrument, state industrial instrument or transitional instrument applicable to a nominated occupation, the annual market salary rate for a nominated occupation or an occupation in relation to which a position is nominated under regulation 5.19 of the Regulations, is the annual earnings that would apply to an equivalent Australian worker, which must be determined by reference to relevant information.

 


Part 4—Application

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.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

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

16 Mar 2018 (F2018L00284)

18 Mar 2018 (s 2)

 

Migration (LIN 19/213: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument 2019

13 Nov 2019 (F2019L01448)

16 Nov 2019 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA 48D

Part 4

 

Part 4........................................

rs F2019L01448