ANNUAL MARKET SALARY RATE (AMSR)
Annual Market Salary Rate (AMSR) is introduced on 18 March 2018 with the introduction of a new Subclass 482 Visa (TSS Visa). It is also applicable to the Subclass 186 Employer Nomination Scheme (ENS) and Subclass 187 Regional Sponsored Migration Scheme (RSMS).
WHY AMSR?
The Australian government wants to make sure that the overseas worker is paid according to the Australian Standards. They should not be paid less than Australian workers and the visa programs are not used to undercut the Australian labour market.
If the overseas worker will be paid an annual salary less than AUD250,000 you need to show:
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you have determined the AMSR correctly.
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the overseas worker will not be paid less than the AMSR, that is, less than an Australian worker would be paid.
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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).
What is TSMIT?
TSMIT stands for the Temporary Skilled Migration Income Threshold.
The Government wants to be sure that TSS visa holders are paid at an acceptable market rate for the work they carry out and that Australian workers aren’t disadvantaged.
The threshold currently stands at $53,900, which means that anyone on an employer-sponsored visa must be paid at this level or above.
Both the AMSR for the nominated occupation 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 non-monetary benefits such as accommodation or a car. Such benefits must be paid in addition to the TSMIT.
AMSR is determined based on the following circumstances of the employer. Documents sets to be provided depends on those circumstances.
Where there is an equivalent Australian worker
Our Australian worker salary is your AMSR.
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the name of the agreement or award as recorded by the Fair Work Commission, where applicable.
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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 employees above the award rate, provide:
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copies of relevant employment contracts and
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payslips for this employe.
Note:
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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.
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If the nominated overseas worker will be paid less than the equivalent Australian worker, we will refuse the nomination.
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If you provide only generic market salary data or salary surveys, we will refuse the nomination.
Scenario |
Relevant Information |
Supporting Evidence |
|
Salary is determined in accordance with an enterprise agreement or industrial award |
The name of the agreement or award as recorded by the Fair Work Commission where applicable. Note: the salary level/occupation group that applies to the nomination occupation must be specified. |
N/A |
| An enterprise agreement or industrial award does not apply |
Explanation of salary arrangements |
Copies of relevant employment contracts and payslips for other Australian workers performing equivalent work in that workplace |
Where there is no equivalent worker but there is an enterprise agreement or industrial award
Provide:
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the name of the agreement or award as recorded by the Fair Work Commission, where applicable
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the salary level or occupation group that applies to the nomination
Where there is no equivalent worker, agreement or award
You must determine and then show us what the ASMR is.
Explain how you used relevant information to determine what the equivalent worker will be paid. Relevant information must include at least two of the following:
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Advertisements from the last six months for equivalent positions in the same location (e.g. state, urban vs regional area).
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Remuneration surveys completed by a reputable organisation.
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Written advise from unions or employer associations.
Note:
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If you provide vague, unlabelled salary surveys and do not explain how you have determined the AMSR, Immigration might refuse your nomination application.
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If the market salary rate determined is a ‘range’, explain and provide specific details regarding why you selected that AMSR.
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Scenario |
Relevant Information |
Supporting Evidence |
|
Salary is determined in accordance with an enterprise agreement or industrial award |
The name of the agreement or award as recorded by the Fair Work Commission where applicable. Note: the salary level/occupation group that applies to the nomination occupation must be specified. |
N/A |
| An enterprise agreement or industrial award does not apply. |
Explanation of how you have used relevant information to determine what an equivalent Australian worker would be paid. |
At least two of the following:
|