Document ID: chunk:federal_register_of_legislation:F2024C01273:reg:6
Version: federal_register_of_legislation:F2024C01273
Segment Type: reg
Provision Reference: reg 6
Character Range: 4925–7497

6  Income Threshold
  For the purposes of paragraph 2.72C(15)(d) of the Regulations, the temporary skilled migration income threshold is AUD 73,150.

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