Annual Market Salary Rate

For Subclass 482 and Subclass 494, the nominating employer must show the Department of Home Affairs that it will pay the nominee same salary as it would pay to any other Australian citizen or permanent resident worker.

Annual Market Salary Rate Australia

Employers who want to nominate workers who are not Australian citizens or permanent residents, for subclass 482, subclass 186 or subclass 494 must meet certain salary and employment condition requirements. These requirements are specified to ensure that:

• Overseas workers are paid no less than an Australian worker doing the same work in the same location, that is, the 'Annual Market Salary Rate (AMSR)'. This ensures that these visa programs are not used to undercut the Australian labour market.

If the overseas worker will be paid an annual salary less than A$250,000 you need to show:

• You have determined the AMSR correctly for the position being nominated.
• The overseas worker will not be paid less than the AMSR, that is, less than an Australian citizen or Australian permanent resident worker would be paid.
• Both the AMSR and what the overseas worker will be paid, excluding any non-monetary benefits in both cases, is no less than the Temporary Skilled Migration Income Threshold (TSMIT).

Temporary Skilled Migration Income Threshold (TSMIT)

The Temporary Skilled Migration Income Threshold (TSMIT) is currently A$53,900. Both the AMSR for the nominated position and the guaranteed annual earnings you will pay to the worker must be at least as much as the current TSMIT. The TSMIT does not include any non monetary benefits such as car or accommodation. Such benefits must be paid in addition to the TSMIT.

Annual Market Salary Rate (AMSR)

The Annual market salary rate (AMSR) is determined by looking at what you would pay to an equivalent Australian citizen or permanent resident workers, enterprise agreements or industrial awards, job outlook information, advertisements for the last 6 months in the same location, remuneration survey or advice from unions or employer associations. The following process may be followed to determine AMSR:

Where there is an equivalent Australian citizen or permanent resident worker

The AMSR is what you are paying this worker.

If the worker's salary is based on an enterprise agreement or industrial award, you will need to provide the following:

• The name of the agreement or award as recorded by the Fair Work Commission, where applicable.
• The salary level or occupation group that applies to the nomination.

If there is no relevant agreement or award, or you are paying your Australian citizen or permanent resident employees above the award rate, you will need to provide the following:

• Copies of relevant employment contracts; and
• Pay slips for this employee.

Please Note the following:

• An Australian worker who is more or less experienced than the nominee and does similar work at a different pay grade is not considered equivalent to the nominee.
• If the nominated overseas worker will be paid less than the equivalent Australian worker, we will refuse the nomination.
• If you provide only generic market salary data or salary surveys, we will refuse the nomination.

Where there is no equivalent Australian citizen or permanent resident worker but there is an enterprise agreement or industrial award

You will need to provide the following:

• The name of the agreement or award as recorded by the Fair Work Commission, where applicable.
• The salary level or occupation group that applies to the nomination.

Where there is no equivalent worker, agreement or award, then you must determine and provide the following evidence about what the AMSR is

You will need to explain how you used relevant information to determine what the equivalent Australian citizen or permanent resident worker will be paid. The evidence can include at least two of the following:

• Job Outlook information.
• Advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area).
• Remuneration surveys completed by a reputable organisation.
• Written advice from unions or employer associations

Please Note:

• You must provide sufficient evidence. As a general rule if you do not provide at least 2 independent sources of information in determining the annual market salary rate we are likely to consider the requirement not met.
• If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, we might refuse your nomination application.
• If the market salary rate determined is a 'range', explain and provide specific details regarding why you selected that AMSR.

Where there is no equivalent worker, agreement or award

You must determine and then show the Department of Home Affairs what the annual market salary rate is. You will need to explain how you used relevant information to determine what the equivalent Australian citizen or permanent resident worker will be paid. The required evidence could include at least two of the following:

• Job Outlook information.
• Advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area).
• Remuneration surveys completed by a reputable organisation.
• Written advice from unions or employer associations.

Please Note:

• You must provide sufficient evidence. As a general rule if you do not provide at least 2 independent sources of information in determining the AMSR we are likely to consider the requirement not met.
• If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, we might refuse your nomination application.
• If the market salary rate determined is a 'range', explain and provide specific details regarding why you selected that AMSR.

Salary being offered to the prospective employee in Labour Market Testing for Subclass 482 visa must comply with the Annual Market Salary rate.

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Disclaimer: ‘Atlantis International Pty Ltd’ and its associates are independent consulting entities which are not associated in anyway with the Australian ‘Department of Home Affairs’ (DOHA). Information on this website does not constitute personal migration advice. For a customized migration advice based on your personal circumstances, please call and talk to one of our Immigration Consultants or register your interest with our Associates.