Migration Regulations 1994 Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2008 (Cth)

Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2008

Migration Regulations 1994
I, CHRIS EVANS, Minister for Immigration and Citizenship, make this Notice under the definition of minimum salary level in regulation 1.20B, paragraph 1.20CB(1)(i), subregulation 1.20G (2) and subparagraph 1.20GA (1) (a) (i) of the Migration Regulations 1994.
Dated 25 July 2008
CHRIS EVANS
Minister for Immigration and Citizenship
1 Name of Notice
This Notice is the Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2008.

2 Commencement

This Notice commences on 1 August 2008.

3 Revocation of Instrument number IMMI 08/021

Instrument number IMMI 08/021, made on 23 June 2008, is revoked.

4 Definition

In this Notice:

Regulations means the Migration Regulations 1994.

5 Specification of occupations for subregulation 1.20G (2)

Each occupation listed in Schedules A and B is specified for subregulation 1.20G (2) of the Regulations.

6 Specification of occupations for subparagraph 1.20GA (1) (a) (i)

Each occupation listed in Schedules C and D is specified for subparagraph 1.20GA (1) (a) (i) of the Regulations.

7 Minimum salary level

(1) This item specifies the method for working out a level of salary at any point in time for the definition of minimum salary level in regulation 1.20B of the Regulations and the minimum salary for paragraph 1.20CB(1)(i).

(2) For this item, a level of salary must be paid on a weekly, fortnightly or monthly basis.

(3) If:

(a) a person holds a Subclass 457 Business (Long Stay) visa; and

(b) the person works, on average, more than 38 hours per week in a period;

the person’s minimum salary level, for the period, is:

where:

ABS is the person’s applicable base salary.

HW is the number of hours worked by the person in the period.

Note The denominator 1982.745 represents the number of working hours in an average year, based on a 38 hour working week and taking into account leap years.

(4) If:

(a) a person holds a Subclass 457 Business (Long Stay) visa; and

(b) subitem (3) does not apply to the person;

the person’s minimum salary level, for the period, is:

where:

ABS is the person’s applicable base salary.

W is the number of weeks in the period.

Note The denominator 52.1755 represents the number of weeks in an average year, taking into account leap years.

8 Applicable base salary

(1) This item specifies the applicable base salary of the holder of a Subclass 457 Business (Long Stay) visa.

Nominations made prior to 11 February 2004

(2) If:
(a) a person was granted a Subclass 457 Business (Long Stay) visa on the basis of a nomination of an occupation under regulation 1.20G of the Regulations; and

(b) the visa was granted on the basis of an occupation that was nominated prior to 11 February 2004;

the person’s applicable base salary is $37 190.

Information and Communication Technology Occupations

(3) If:

(a) a person was granted a Subclass 457 Business (Long Stay) visa on the basis of a nomination of an occupation under regulation 1.20G of the Regulations; and

(b) the visa was granted on the basis of an occupation that was nominated in the period starting on 11 February 2004 and ending at the end of 8 April 2005; and

(c) the occupation mentioned in paragraphs (a) and (b) is an occupation specified in Schedule B;

the person’s applicable base salary is $48 390.

(4) If:

(a) a person was granted a Subclass 457 Business (Long Stay) visa prior to 1 July 2006; and

(b) the visa was granted on the basis of a nomination of an occupation under regulation 1.20G of the Regulations; and

(c) the visa was granted on the basis of an occupation that was nominated in the period starting on 9 April 2005 and ending at the end of 2 May 2006; and

(d) the occupation mentioned in paragraphs (a) and (b) is an occupation specified in Schedule B;

the person’s applicable base salary is $52 700.

(5) If:

(a) a person was granted, or may be granted, a Subclass 457 Business (Long Stay) visa on the basis of a nomination of an occupation under regulation 1.20G of the Regulations; and

(b) either, or both, of the following subparagraphs apply:

(i) the visa was granted on the basis of an occupation that was nominated on or after 3 May 2006;

(ii) the visa was granted, or may be granted, on or after 1 July 2006; and

(c) the occupation mentioned in paragraph (a) and subparagraph (b) (i) is an occupation specified in Schedule B;

the person’s applicable base salary is $59 480.

Non-Information and Communication Technology Occupations

(6) If:

(a) a person was granted a Subclass 457 Business (Long Stay) visa on the basis of a nomination of an occupation under regulation 1.20G of the Regulations; and

(b) the visa was granted on the basis of an occupation that was nominated in the period starting on 11 February 2004 and ending at the end of 8 April 2005; and

(c) the occupation mentioned in paragraph (b) is not an occupation that is specified in Schedule B;

the person’s applicable base salary is $39 150.

(7) If:

(a) a person was granted a Subclass 457 Business (Long Stay) visa prior to 1 July 2006; and

(b) the visa was granted on the basis of a nomination of an occupation under regulation 1.20G of the Regulations; and

(c) the visa was granted on the basis of an occupation that was nominated in the period starting on 9 April 2005 and ending at the end of 2 May 2006; and

(d) the occupation mentioned in paragraphs (b) and (c) is not an occupation that is specified in Schedule B;

the person’s applicable base salary is $40 590.

(8) If:

(a) a person was granted, or may be granted, a Subclass 457 Business (Long Stay) visa on the basis of a nomination of an occupation under regulation 1.20G of the Regulations; and

(b) either, or both, of the following subparagraphs applies:

(i) the visa was granted on the basis of an occupation that was nominated on or after 3 May 2006;

(ii) the visa was granted, or may be granted, on or after 1 July 2006; and

(c) the occupation mentioned in paragraph (a) and subparagraph (b) (i) is not an occupation that is specified in Schedule B;

the person’s applicable base salary is $43 440.

Certified Regional Employment Arrangements

(9) If:

(a) a person was granted, or may be granted, a Subclass 457 Business (Long Stay) visa on or after 1 July 2006; and

(b) the visa was granted, or may be granted, on the basis of a nomination of an occupation under regulation 1.20GA of the Regulations; and

(c) the occupation mentioned in paragraph (b) is not an occupation specified in Schedule D;

the person’s applicable base salary is $39 100.

(10) If:

(a) a person was granted, or may be granted, a Subclass 457 Business (Long Stay) visa on or after 1 July 2006; and

(b) the visa was granted or may be granted on the basis of a nomination of an occupation under regulation 1.20GA of the Regulations; and

(c) the occupation mentioned in paragraph (b) is an occupation specified in Schedule D;

the person’s applicable base salary is $53 530.

Visa holder to whom subclause 457.223 (6) applied

(11) If:

(a) a person was granted, or may be granted, a Subclass 457 Business (Long Stay) visa on or after 10 September 2007; and

(b) the visa was granted, or may be granted, on the basis that subclause 457.223 (6) of Schedule 2 of the Regulations applied to the person;

the person’s applicable base salary is $77 850.

Note Nominations made under regulation 1.20GA relate to certified regional employment arrangements under the Subclass 457 visa program. These nominations are certified by a regional certifying body and visa holders are required to live and work in specified regional areas. All other nominations are made under regulation 1.20G.

9 Amount of salary paid to a person in a given period

For comparison with the minimum salary level calculated under item 7, the amount of salary paid to a person in a given period:

(a) includes the person’s base salary before tax and separate from any allowances, bonuses, packaged items (other than those mentioned in (b) (ii)) and the like; and

(b) excludes any deductions from that amount except:

(i) Pay As You Go (PAYG) taxation; and

(ii) any amount that would be 100% tax deductible (for the person) or otherwise exempt from Fringe Benefits Tax (FBT)P

Note 1 Deductions excluded by paragraph (b) may be made from amounts not included in paragraph (a).

Note 2 Businesses should seek their own professional advice on whether an item is 100% tax deductible or otherwise exempt from FBT. Further information is available from the Australian Taxation Office website: TUwww.ato.gov.auUT

Illustrative examples
UExample 1U – In this example, the Department is monitoring a private hospital in Brisbane to check to see whether the hospital paid at least the minimum salary level last financial year to Susan, a nurse they sponsor on a Subclass 457 visa.
Susan worked 50 hours a week for 52 weeks (2 600 total hours) and was paid a weekly salary of $875 before tax. The total payments for the financial year were $45 500.00 before tax.
Susan falls within the scope of subitem 8(7), as:
·    She was granted her Subclass 457 visa prior to 1 July 2006 (paragraph 8(7)(a) refers).
·    Her nomination was not certified by a Regional Certifying Body (Brisbane is not a regional area) and therefore made under regulation 1.20G of the Regulations (paragraph 8(7)(b) and the note at the end of item 8 refer).
·    She was nominated by her employer between 9 April 2005 and 2 May 2006 (paragraph 8(7)(c) refers).
·    The nominated position (nursing) is not an Information and Communication Technology occupation (paragraph 8(7)(d) and Schedule B refer).
In these circumstances her applicable base salary is $40,590.
As Susan worked an average of more than 38 hours a week, the applicable minimum salary level for the financial year can be worked out by applying the formula set out in subitem 7 (3) of this Notice:
U$40 590 x 2 600 hours U= $53 226.21
1982.745

The amount of salary paid to Susan in the given period was $45 500.00, which is less than the applicable minimum salary level in the circumstances: $53 226.21. The hospital has therefore breached their undertaking to pay Susan the minimum salary level.
If Susan had only worked 38 hours a week, the hospital would have been paying above minimum salary level and therefore would not be in breach of the minimum salary level undertaking.
UExample 2U – In this example, a Perth marketing firm wants to check whether they have met the minimum salary level for the previous fortnight pay period for Rita, a marketing specialist they sponsor on a Subclass 457 visa. This differs from Example 1 as it considers the impact 100% tax deductible items have in relation to the minimum salary level.

Rita works 38 hours a week and was paid a fortnightly salary of $1 675 before tax. Rita elected to salary package a mobile phone/PDA to keep track of her many work appointments and to make work calls and agreed in writing to forego $50 per fortnight of her salary to make the lease payments. In Rita’s circumstances the mobile phone/PDA is 100% tax deductible.
Rita’s fortnightly before tax salary of $1 675 has only one component, using the concept of amount of salary paid to a person in a given period (at item 9):
–base salary including FBT exempt items: + $1 675

Rita falls within the scope of subitem 8(8), as:
·    Her nomination was not certified by a Regional Certifying Body (Perth is not a regional area) and therefore made under regulation 1.20G of the Regulations (paragraph 8(8)(a) and the note at the end of item 8 refer);
·    Her visa was granted after 1 July 2006 (subparagraph 8(8)(b)(ii) refers)
·    The nominated occupation (marketing specialist) is not an Information and Communication Technology occupation (paragraph 8(8)(c) and Schedule B refer).
Therefore, the applicable base salary is $43 440 per year.
As Rita worked 38 hours per week in the given period, the minimum salary level for the previous fortnight can be worked out by applying the formula set out in subitem 7 (4) of this Notice:
U$43 440 x 2 weeks U= $1 665.09

52.1775

As the deduction is 100% tax deductible and does not impact on the amount of salary paid to Rita in the given period ($1 675), Rita is being paid above the minimum salary level of $1,665.09.
Had the $50 deduction UnotU been 100% tax deductible or otherwise exempt from Fringe Benefits Tax, then the amount of salary paid to Rita in the given period would have been $1 625 ($1 675 - $50 deduction), which is below the minimum salary level of $1 665.09. If this were the case, Rita’s employer would have breached their undertaking to pay the minimum salary level. U
Example 3U – In this example, a computer company in Bourke wants to check whether they have met the minimum salary level for the previous fortnight pay period for John, a software engineer they sponsor on a Subclass 457 visa. This differs from the Examples 1 and 2 as it considers the impact allowances and tax deductions in combination have in relation to the minimum salary level.

John works 38 hours a week and was paid a fortnightly payment of $2 500 before tax which included Living Away From Home Allowance (LAFHA) of $200. The business also deducted $500 from John’s before tax salary because he has elected to salary package a car. In John’s circumstances the car was not 100% tax deductible or otherwise exempt from FBT.
John’s fortnightly before tax salary of $2 500 has three components, using the concept of amount of salary paid to a person in a given period (at item 9):
–base salary including FBT exempt items: +$2 300

–other allowances: +$200 LAFHA

–non FBT exempt deductions: - $500 salary packaged car

John falls within the scope of subitem 8(10), as:
·    His visa was grated after 1 July 2006 (paragraph 8(10)(a) refers);
·    His nomination was certified by a Regional Certifying Body and therefore made under regulation 1.20GA of the Regulations (paragraph 8(10)(b) and the note at the end of item 8 refer);
·    The nominated occupation (software engineer) is an Information and Communication Technology occupation (paragraph 8(10)(c) and Schedule D refer)
Therefore, the applicable base salary is $53 530 per year.
As John worked 38 hours per week in the given period, the minimum salary level for the previous fortnight can be worked out by applying the formula set out in subitem 7 (4) of this Notice:
U$53 530 x 2 weeks U= $2 051.84

52.1775

The business could use the LAFHA ($200) salary component to pay some of the $500 deduction for the car from John’s before tax pay. The $300 balance, would then be subtracted from the base salary component $2 300 – $300 = $2 000.
This means that John’s actual amount of salary paid to John for the fortnight is $2 000, which is less than the applicable minimum salary level of $2 051.84.. The business has therefore breached their undertaking to pay John at least the minimum salary level.
Note 1 Regulation 1.20B of the Regulations defines the term minimum salary level to mean a level of salary worked out in the way specified in a Gazette Notice for the purposes of that defined term.

Note 2 Paragraph 1.20CB(1)(i) of the Regulations provides that a sponsorship undertaking that must be made by a sponsor is that the sponsor must ensure that, if there is a gazetted minimum salary level in force in relation to the nominated position to be occupied by a sponsored person, the person will be paid at least that salary.

Note 3 Subregulation 1.20G(1) of the Regulations specifies which persons may nominate to the Minister an activity in which an individual is proposed to be employed by the person in Australia.

Note 4 Subregulation 1.20G(2) of the Regulations provides that if the person is mentioned in paragraph 1.20G(1)(b), (c), (d) or (e), the tasks of the nominated activity must correspond to the tasks of an occupation specified in a Gazette Notice for the purposes of subregulation 1.20G(2).

Note 5 Subparagraph 1.20GA(1)(a)(i) of the Regulations provides that a person mentioned in subregulation 1.20GA(2) may nominate to the Minister an activity in which an individual is proposed to be employed by the person in Australia, if the tasks of the nominated activity correspond to the tasks of an occupation specified in a Gazette Notice for the purposes of paragraph 1.20GA(1)(a).

Note 6 Subclause 457.223(6) provides that the Minister may specify in an instrument in writing the way that a level of salary is to be worked out for the purposes of applications by certain applicants for Subclass 457 Business (Long Stay) visas.

SCHEDULE A – Non-Information and Communication Technology occupations allowable under standard Subclass 457 arrangements

1    MANAGERS AND ADMINISTRATORS

1112-11 General Manager 3112-79 Science Technical Officers not elsewhere classified

1191-11 Construction Project Manager 3121-11 Building Associate

1191-13 Project Builder 3121-13 Architectural Associate

1192-11 Importer or Exporter 3121-15 Surveying and Cartographic Associate

1192-13 Wholesaler 3121-17 Building Inspector

1193-11 Manufacturer 3121-19 Plumbing Inspector

1211-11 Finance Manager 3121-21 Plumbing Engineering Associate

1212-11 Company Secretary 3122-11 Civil Engineering Associate

1213-11 Human Resource Manager 3122-13 Civil Engineering Technician

1221-11 Engineering Manager 3123-11 Electrical Engineering Associate

1222-11 Production Manager (Manufacturing) 3123-13 Electrical Engineering Technician

1222-13 Production Manager (Mining) 3124-11 Electronic Engineering Associate

1223-11 Supply and Distribution Manager 3124-13 Electronic Engineering Technician

1231-11 Sales and Marketing Manager 3125-11 Mechanical Engineering Associate

1291-11 Policy and Planning Manager 3125-13 Mechanical Engineering Technician

1292-11 Director of Nursing 3129-11 Biomedical Engineering Associate

1292-13 Medical Administrator 3129-13 Metallurgical and Materials Technician

1293-11 School Principal 3129-15 Mine Deputy

1293-13 Faculty Head 3129-79 Building and Engineering Associate Professionals not elsewhere classified

1293-15 Regional Education Manager 3211-11 Branch Accountant (Financial Institution)

1293-79 Education Managers not elsewhere classified 3211-13 Financial Institution Branch Manager

1294-13 Commissioned Fire Officer 3212-11 Stockbroking Dealer

1294-15 Commissioned Police Officer 3212-13 Futures Trader

1295-11 Child Care Co-ordinator 3212-15 Financial Market Dealer

1296-11 Media Producer 3212-17 Commodities Trader

1296-13 Artistic Director 3212-19 Insurance Broker

1299-11 Research & Development Manager 3212-21 Bookmaker

1299-13 Laboratory Manager 3212-79 Financial Dealers and Brokers not elsewhere classified

1299-15 Welfare Centre Manager 3213-11 Financial Investment Adviser

1299-17 Environment, Parks and Land Care Manager 3292-11 Project or Program Administrator

1299-19 Sports Administrator 3294-11 Computing Support Technician

1299-79 Specialist Managers not elsewhere classified 3321-11 Restaurant and Catering Manager

3322-01 Head Chef

2    PROFESSIONALS 3322-11 Chef

3323-11 Hotel or Motel Manager

2111-11 Chemist 3324-11 Club Manager (Licensed Premises)

2112-11 Geologist 3325-11 Caravan Park and Camping Ground Manager

2112-13 Geophysicist 3329-11 Other Hospitality and Accommodation Managers

2113-11 Anatomist or Physiologist 3391-11 Fitness Centre Manager

2113-13 Botanist 3391-13 Other Sports Centre Manager

2113-15 Zoologist 3391-15 Amusement Centre Manager

2113-17 Biochemist 3391-79 Sport and Recreation Managers not elsewhere classified

2113-19 Marine Biologist 3392-11 Customer Service Manager

2113-79 Life Scientists not elsewhere classified 3393-11 Transport Company Manager

2114-11 Environmental Research Scientist 3399-11 Post Office Manager

2114-13 Forester 3399-13 Railway Station Manager

2114-15 Park Ranger 3399-15 Betting Agency Branch Manager

2114-17 Soil Scientist 3399-17 Hair and Beauty Salon Manager

2114-19 Agricultural Scientist 3399-19 Car Rental Agency Manager

2114-21 Agricultural Adviser 3399-21 Fleet Manager

2114-79 Env.& Ag. Science Professionals not elsewhere classified 3399-23 Stock and Station Agent

2115-11 Medical Scientist 3399-25 Travel Agency Manager

2119-11 Physicist 3399-27 Theatre or Cinema Manager

2119-13 Meteorologist 3399-29 Funeral Director

2119-15 Extractive Metallurgist 3993-11 Jockey

2119-17 Physical Metallurgist 3993-13 Golfer

2119-19 Materials Scientist 3993-15 Footballer

2119-79 Natural and Physical Science Professionals not elsewhere classified 3993-17 Other Sportsperson

2121-11 Architect 3993-19 Gymnastics Coach

2121-13 Landscape Architect 3993-21 Tennis Coach

2122-11 Quantity Surveyor 3993-23 Swimming Coach

2123-11 Cartographer 3993-25 Horse riding Coach

2123-13 Surveyor 3993-27 Other Sports Coach

2124-11 Civil Engineer 3993-29 Sports Development Officer

2125-11 Electrical Engineer 3993-31 Sports Umpire

2125-13 Electronics Engineer 3993-33 Horse or Dog Racing Official

2126-11 Mechanical Engineer 3993-35 Other Sports Official

2126-13 Production or Plant Engineer 3411-11 Enrolled Nurse

2127-11 Mining Engineer (excluding Petroleum) 3421-11 Parole or Probation Officer

2127-13 Petroleum Engineer 3421-13 Youth Worker

2127-15 Materials Engineer 3421-15 Residential Care Officer

2128-11 Civil Engineering Technologist 3421-17 Disabilities Services Officer

2128-13 Mechanical Engineering Technologist 3421-19 Family Support Worker

2128-15 Electrical or Electronics Engineering Technologist 3491-11 Ambulance Officer

2128-79 Engineering Technologists not elsewhere classified 3491-13 Intensive Care Ambulance Paramedic

2129-11 Aeronautical Engineer 3492-11 Dental Therapist

2129-13 Agricultural Engineer 3492-13 Dental Hygienist

2129-15 Biomedical Engineer 3492-15 Dental Technician

2129-17 Chemical Engineer 3493-11 Aboriginal and Torres Strait Islander Health Worker

2129-19 Industrial Engineer 3494-11 Massage Therapist

2129-21 Naval Architect 3911-01 Supervisor, Police Officers

2129-79 Building and Engineering Professionals not elsewhere classified 3911-11 Police Officer

2211-11 Accountant 3991-11 Primary Products Inspector

2212-11 External Auditor 3992-11 Safety Inspector

2212-13 Internal Auditor 3995-11 Senior Fire Fighter

2213-11 Corporate Treasurer 3996-11 Retail Buyer

2221-11 Public Relations Officer 3997-11 Library Technician

2221-13 Marketing Specialist 3999-11 Interior Decorator

2221-15 Market Research Analyst 3999-13 Museum or Art Gallery Technician

2221-17 Advertising Specialist 3999-15 Radio Operator

2222-11 Sales Representative (Industrial Products) 3999-17 Private Investigator

2222-13 Sales Representative (Information & Commun. Products) 3999-19 Security Adviser

2222-15 Sales Representative (Medical & Pharmaceutical Products)

2222-79 Technical Sales Representatives not elsewhere classified 4    TRADESPERSONS AND RELATED WORKERS

2291-11 Personnel Officer

2291-13 Personnel Consultant 4111-01 Supervisor, General Mechanical Engineering Tradespersons

2291-15 Industrial Relations Officer 4111-11 General Mechanical Engineering Tradesperson

2291-17 Training Officer 4112-01 Supervisor, Metal Fitters and Machinists

2292-11 Librarian 4112-11 Fitter

2293-11 Mathematician 4112-13 Metal Machinist (First Class)

2293-13 Statistician 4112-15 Textile, Clothing or Footwear Mechanic

2293-15 Actuary 4113-01 Supervisor, Toolmakers

2294-11 Management Consultant 4113-11 Toolmaker

2294-13 Organisation and Methods Analyst 4114-01 Supervisor, Aircraft Maintenance Engineers

2294-15 Quality Assurance Manager 4114-11 Aircraft Maintenance Engineer (Mechanical)

2295-11 Valuer 4114-13 Aircraft Maintenance Engineer (Structures)

2295-13 Land Economist 4114-15 Aircraft Maintenance Engineer (Avionics)

2299-11 Health Information Manager 4115-01 Supervisor, Precision Metal Tradespersons

2299-13 Records Manager 4115-11 Precision Instrument Maker and Repairer

2299-15 Archivist 4115-13 Watch and Clock Maker and Repairer

2299-17 Policy Analyst 4115-15 Locksmith

2299-19 Intelligence Officer 4115-17 Saw Maker and Repairer

2299-79 Business and Information Professionals not elsewhere classified 4115-19 Gunsmith

2311-11 General Medical Practitioner 4115-21 Engraver

2311-81 Medical Practitioner in Training 4121-01 Supervisor, General Fabrication Engineering Tradespersons

2312-11 Anaesthetist 4121-11 General Fabrication Engineering Tradesperson

2312-13 Dermatologist 4122-01 Supervisor, Structural Steel and Welding Tradespersons

2312-15 Emergency Medicine Specialist 4122-11 Metal Fabricator

2312-17 Obstetrician and Gynaecologist 4122-13 Pressure Welder

2312-19 Ophthalmologist 4122-15 Welder (First Class)

2312-21 Paediatrician 4123-01 Supervisor, Forging Tradespersons

2312-23 Pathologist 4123-11 Blacksmith

2312-25 Specialist Physician 4123-13 Farrier

2312-27 Psychiatrist 4124-01 Supervisor, Sheetmetal Tradespersons

2312-29 Radiologist 4124-11 Sheetmetal Worker (First Class)

2312-31 Surgeon 4125-01 Supervisor, Metal Casting Tradespersons

2312-79 Specialist Medical Practitioners not elsewhere classified 4125-11 Metal Casting Tradesperson

2321-11 Nurse Manager 4126-01 Supervisor, Metal Finishing Tradespersons

2322-11 Nurse Educator 4126-11 Metal Polisher

2322-13 Nurse Researcher 4126-13 Electroplater (First Class)

2323-11 Registered Nurse 4211-01 Supervisor, Motor Mechanics

2324-11 Registered Midwife 4211-11 Motor Mechanic

2325-11 Registered Mental Health Nurse 4212-01 Supervisor, Automotive Electricians

2326-11 Registered Developmental Disability Nurse 4212-11 Automotive Electrician

2381-11 Dentist 4213-01 Supervisor, Panel Beaters

2381-13 Dental Specialist 4213-11 Panel Beater

2382-11 Hospital Pharmacist 4214-01 Supervisor, Vehicle Painters

2382-13 Industrial Pharmacist 4214-11 Vehicle Painter

2382-15 Retail Pharmacist 4215-01 Supervisor, Vehicle Body Makers

2383-11 Occupational Therapist 4215-11 Vehicle Body Maker

2384-11 Optometrist 4216-01 Supervisor, Vehicle Trimmers

2385-11 Physiotherapist 4216-11 Vehicle Trimmer

2386-11 Speech Pathologist 4311-01 Supervisor, Electricians

2387-11 Chiropractor 4311-11 General Electrician

2387-13 Osteopath 4311-13 Electrician (Special Class)

2388-11 Podiatrist 4311-15 Lift Mechanic

2391-11 Medical Diagnostic Radiographer 4312-01 Supervisor, Refrigeration and Airconditioning Mechanics

2391-13 Radiation Therapist 4312-11 Refrigeration and Airconditioning Mechanic

2391-15 Nuclear Medicine Technologist 4313-01 Supervisor, Electrical Distribution Tradespersons

2391-17 Sonographer 4313-11 Electrical Powerline Tradesperson

2392-11 Veterinarian 4313-13 Cable Jointer

2393-11 Dietician 4314-01 Supervisor, Electronic Instrument Tradespersons

2394-11 Naturopath 4314-11 General Electronic Instrument Tradesperson

2394-13 Acupuncturist 4314-13 Electronic Instrument Tradesperson (Special Class)

2394-79 Natural Therapy Professionals not elsewhere classified 4315-01 Supervisor, Electronic and Office Equipment Tradespersons

2399-11 Audiologist 4315-11 Electronic Equipment Tradesperson

2399-13 Orthoptist 4315-13 Business Machine Mechanic

2399-15 Orthotist 4316-01 Supervisor, Communications Tradespersons

2399-79 Health Professionals not elsewhere classified 4316-11 General Communications Tradesperson

2411-11 Pre-Primary School Teacher 4316-13 Communications Linesperson

2412-11 Primary School Teacher 4411-01 Supervisor, Carpentry and Joinery Tradespersons

2413-11 Secondary School Teacher 4411-11 Carpenter and Joiner

2414-11 Special Needs Teacher 4411-13 Carpenter

2414-13 Teacher of the Hearing Impaired 4411-15 Joiner

2414-15 Teacher of the Sight Impaired 4412-01 Supervisor, Fibrous Plasterers

2414-79 Special Education Teachers not elsewhere classified 4412-11 Fibrous Plasterer

2421-11 University Lecturer 4413-01 Supervisor, Roof Slaters and Tilers

2421-13 University Tutor 4413-11 Roof Slater and Tiler

2422-11 Vocational Education Teacher 4414-01 Supervisor, Bricklayers

2491-11 Art Teacher (Private) 4414-11 Bricklayer

2491-13 Music Teacher (Private) 4415-01 Supervisor, Solid Plasterers

2491-15 Dance Teacher (Private) 4415-11 Solid Plasterer

2491-17 Drama Teacher (Private) 4416-01 Supervisor, Wall and Floor Tilers and Stonemasons

2491-79 Extra-Systemic Teachers not elsewhere classified 4416-11 Wall and Floor Tiler

2492-11 English as a Second Language Teacher 4416-13 Stonemason

2493-11 Education Officer 4421-01 Supervisor, Painters and Decorators

2511-11 Social Worker 4421-11 Painter and Decorator

2512-11 Welfare Worker 4422-01 Supervisor, Signwriters

2512-13 Community Worker 4422-11 Signwriter

2513-11 Rehabilitation Counsellor 4423-01 Supervisor, Floor Finishers

2513-13 Drug and Alcohol Counsellor 4423-11 Floor Finisher

2513-15 Family Counsellor 4431-01 Supervisor, Plumbers

2513-17 Careers Counsellor 4431-11 General Plumber

2513-19 Student Counsellor 4431-13 Gasfitter

2513-79 Counsellors not elsewhere classified 4431-15 Drainer

2514-11 Clinical Psychologist 4431-17 Roof Plumber

2514-13 Educational Psychologist 4431-19 Mechanical Services and Airconditioning Plumber

2514-15 Organisational Psychologist 4512-01 Supervisor, Bakers and Pastrycooks

2514-79 Psychologists not elsewhere classified 4512-11 Baker

2521-11 Barrister 4512-13 Pastrycook

2521-13 Solicitor 4513-11 Cook

2521-79 Legal Professionals not elsewhere classified 4519-11 Miller

2522-11 Economist 4519-13 Buttermaker or Cheesemaker

2523-11 Urban and Regional Planner 4519-15 Confectioner

2529-11 Historian 4612-11 Shearer

2529-13 Interpreter 4613-11 Wool Classer

2529-15 Translator 4613-13 Hide and Skin Classer

2529-79 Social Professionals not elsewhere classified 4614-11 Horse Trainer

2531-11 Painter (Visual Arts) 4614-79 Animal Trainers not elsewhere classified

2531-13 Sculptor 4621-11 Nurseryperson

2531-15 Potter or Ceramic Artist 4622-11 Greenkeeper

2531-79 Visual Arts and Crafts Professionals not elsewhere classified 4623-01 Head Gardener

2532-11 Photographer 4623-11 General Gardener

2533-11 Fashion Designer 4623-13 Landscape Gardener

2533-13 Graphic Designer 4623-15 Tree Surgeon

2533-15 Industrial Designer 4911-11 Graphic Pre-Press Tradesperson

2533-17 Interior Designer 4912-11 Printing Machinist

2533-19 Illustrator 4912-13 Small Offset Printer

2534-11 Editor 4913-11 Binder and Finisher

2534-13 Print Journalist 4914-11 Screen Printer

2534-15 Television Journalist 4921-11 Wood Machinist (A-Grade)

2534-17 Radio Journalist 4921-13 Wood Turner

2534-19 Copywriter 4922-01 Supervisor, Cabinetmakers

2534-21 Technical Writer 4922-11 Cabinetmaker

2534-79 Journalists and Related Professionals not elsewhere classified 4929-11 Picture Framer

2535-11 Author 4929-13 Furniture Finisher

2535-13 Book Editor 4929-79 Wood Tradespersons not elsewhere classified

2535-15 Script Editor 4931-01 Supervisor, Hairdressers

2536-11 Art Director (Film, Television or Stage) 4931-11 Hairdresser

2536-13 Director (Film, Television, Radio or Stage) 4941-11 General Clothing Tradesperson

2536-15 Director of Photography 4941-13 Tailor

2536-17 Film and Video Editor 4941-15 Dressmaker

2536-19 Stage Manager 4941-17 Apparel Cutter

2536-21 Program Director (Radio or Television) 4941-19 Patternmaker-Grader (Clothing)

2536-23 Technical Director 4941-79 Clothing Tradespersons not elsewhere classified

2536-79 Film, Television, Radio and Stage Directors not elsewhere classified 4942-11 Furniture Upholsterer

2537-15 Instrumental Musician 4942-79 Upholsterers and Bedding Tradespersons not elsewhere classified

2537-11 Music Director 4943-11 Shoemaker

2537-13 Singer 4943-13 Medical Grade Shoemaker

2537-17 Composer 4944-11 Leather Goods Maker

2537-79 Musicians and Related Professionals not elsewhere classified 4944-13 Canvas Goods Maker

2538-11 Actor 4944-15 Sail Maker

2538-13 Dancer or Choreographer 4981-11 Shipwright

2538-79 Actors, Dancers and Related Professionals not elsewhere classified 4981-13 Boat Builder and Repairer

2539-11 Radio Presenter 4982-11 Flat Glass Tradesperson

2539-13 Television Presenter 4982-13 Glass Blower

2541-11 Aircraft Pilot 4983-11 Jeweller

2541-13 Air Traffic Controller 4983-13 Gem Cutter and Polisher

2541-15 Flight Service Officer 4984-11 Florist

2541-17 Flight Engineer 4985-11 Fire Fighter

2541-19 Flying Instructor 4986-01 Supervisor, Drillers

2541-79 Air Transport Professionals not elsewhere classified 4986-11 Driller

2542-11 Ship's Master 4987-01 Supervisor, Chemical, Petroleum and Gas Plant Operators

2542-13 Master Fisher 4987-11 Chemical Plant Operator

2542-15 Ship's Engineer 4987-13 Petroleum and Gas Plant Operator

2542-17 Ship's Surveyor 4988-01 Supervisor, Power Generation Plant Operators

2542-19 Ship's Officer 4988-11 Power Generation Plant Operator

2542-79 Sea Transport Professionals not elsewhere classified 4992-11 Sound Technician

2543-11 Occupational Health and Safety Officer 4992-13 Camera Operator (Film, Television or Video)

2543-13 Environmental Health Officer 4992-15 Television Equipment Operator

2549-11 Conservator 4992-17 Broadcast Transmitter Operator

2549-13 Electorate Officer 4992-19 Motion Picture Projectionist

2549-15 Patents Examiner 4992-21 Light Technician

2549-17 Oenologist 4992-23 Production Assistant (Film, Television or Radio)

2549-19 Recreation Officer 4992-25 Production Assistant (Theatre)

2549-21 Museum or Gallery Curator 4992-27 Make Up Artist

4992-79 Performing Arts Support Workers not elsewhere classified

3    ASSOCIATE PROFESSIONALS 4999-11 Optical Mechanic

4999-13 Diver

3111-11 Medical Laboratory Technical Officer 4999-15 Aircraft Safety Equipment Worker

3111-79 Medical Technical Officers not elsewhere classified 4999-17 Piano Tuner

3112-11 Chemistry Technical Officer

3112-13 Earth Science Technical Officer

3112-15 Life Science Technical Officer

3112-17 Agricultural Technical Officer

OTHER
Retail Butcher; meaning an activity completed in a retail outlet that sells directly to the consumer, that does not include the slaughtering of animals and requires the following qualification or equivalent experience and involves a significant majority of the following tasks:
·advises customers on the suitability and uses of cuts of meat;

·operates machinery to grind, mix, mince or tenderise meat;

·prepares meat for sale by removing bones, trimming fat and cutting meat to shape and size for display or as ordered;

·prepares crumbed cuts of meat and marinates and seasons special cuts;

·selects and prepares meat to produce smallgoods;

·may assist in menu planning and scheduling, and in estimating food production costs;

·may operate cash registers, accept payments and prepare sales invoices.

The entry requirement for this occupation is an AQF Certificate III or higher qualification, or at least 3 years skilled experience.
Specialty Smallgoods Maker; meaning an activity which does not include the slaughtering of animals and requires the following qualification or equivalent experience and involves a significant majority of the following tasks:
·prepares meat by removing bones and trimming fat;

·cuts, minces and grinds meat and fat;

·makes seasonings and pickles by mixing spices, salt and other ingredients;

·adds seasonings to ground meat;

·operates filling machines, smoking chambers and cooking kettles and vats;

·cures meat.

The entry requirement for this occupation is an AQF Certificate III or higher qualification, or at least 3 years skilled experience.
SCHEDULE B – Information and Communication Technology occupations allowable under standard Subclass 457 arrangements

1 MANAGERS AND ADMINISTRATORS

1224-11 Information Technology Manager

2 PROFESSIONALS

2231-11 Systems Manager

2231-13 Systems Designer

2231-15 Software Designer

2231-17 Applications and Analyst Programmer

2231-19 Systems Programmer

2231-21 Computer Systems Auditor

2231-79 Computing Professionals not elsewhere classified

SCHEDULE C – Non- Information and Communication Technology occupations allowable under Subclass 457 certified regional employment arrangements
ALL OCCUPATIONS in Major Groups 1 to 7 of the Australian Standard Classification of Occupations (“ASCO Second Edition”), EXCLUDING:
—those occupations listed in Schedule D to this instrument;

—apprentice tradespersons and related workers;

—assistant and trainee positions;

—butchers, smallgoods makers, slaughterpersons and supervisors of meat tradespersons - except occupations coming within the definition of “retail butcher” or “specialty Smallgoods maker” in Schedule A to this Instrument;

—occupations that are “not elsewhere classified” in ASCO Major Groups 5, 6 or 7;

—occupations that, for legislative reasons, can only be filled by an Australian citizen or permanent resident;

—occupations of religious workers for which there are separate specialised temporary entry visa subclasses;

—tour guides; and

—furniture removalists, delivery drivers, automobile drivers and heavy truck drivers, except heavy truck drivers working primarily on mining and construction sites as defined below.

Mining or Construction Site Heavy Truck Driver; meaning an activity primarily undertaken at mining or construction sites involving a significant majority of the following tasks:
·drives heavy trucks, requiring specially endorsed classes of license, to transport bulky goods and materials, directly related to the mining or construction industries;

·manoeuvres vehicles into position for loading or unloading;

·assists with or carries out loading or unloading operations, using various lifting or tipping devices;

·estimates weights to comply with load limitations, and ensures safe distribution of weight;

·ensures goods are stowed and securely covered, to prevent loss and damage;

·verifies loading documents, checks condition of goods and obtains certification of deliveries;

·checks destinations of goods and determines most appropriate routes;

·maintains logbooks detailing vehicle movements;

·carries out minor maintenance to vehicles, and arranges major maintenance and repairs;

·may transport dangerous goods, such as explosives or petroleum products.

The entry requirement for this occupation is an AQF Certificate II or higher qualification or at least 1 years relevant experience. Registration or licensing is required.
SCHEDULE D – Information and Communication Technology occupations allowable under Subclass 457 certified regional employment arrangements