Migration Regulations 1994 Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2009 (Cth)
Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2009
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 6 May 2009
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 2009.
2 Commencement
This Notice commences on 15 May 2009.
3 Revocation of Instrument number IMMI 08/066
Instrument number IMMI 08/066, made on 25 July 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 1191-11 Construction Project Manager 1191-13 Project Builder 1192-11 Importer or Exporter 1192-13 Wholesaler 1193-11 Manufacturer 1211-11 Finance Manager 1212-11 Company Secretary 1213-11 Human Resource Manager 1221-11 Engineering Manager 1222-11 Production Manager (Manufacturing) 1222-13 Production Manager (Mining) 1223-11 Supply and Distribution Manager 1231-11 Sales and Marketing Manager 1291-11 Policy and Planning Manager 1292-11 Director of Nursing 1292-13 Medical Administrator 1293-11 School Principal 1293-13 Faculty Head 1293-15 Regional Education Manager 1293-79 Education Managers not elsewhere classified 1294-13 Commissioned Fire Officer 1294-15 Commissioned Police Officer 1295-11 Child Care Co-ordinator 1296-11 Media Producer 1296-13 Artistic Director 1299-11 Research & Development Manager 1299-13 Laboratory Manager 1299-15 Welfare Centre Manager 1299-17 Environment, Parks and Land Care Manager 1299-19 Sports Administrator 1299-79 Specialist Managers not elsewhere classified 2 PROFESSIONALS 2291-13 Personnel Consultant 2291-15 Industrial Relations Officer 2111-11 Chemist 2291-17 Training Officer 2112-11 Geologist 2292-11 Librarian 2112-13 Geophysicist 2293-11 Mathematician 2113-11 Anatomist or Physiologist 2293-13 Statistician 2113-13 Botanist 2293-15 Actuary 2113-15 Zoologist 2294-11 Management Consultant 2113-17 Biochemist 2294-13 Organisation and Methods Analyst 2113-19 Marine Biologist 2294-15 Quality Assurance Manager 2113-79 Life Scientists not elsewhere classified 2295-11 Valuer 2114-11 Environmental Research Scientist 2295-13 Land Economist 2114-13 Forester 2299-11 Health Information Manager 2114-15 Park Ranger 2299-13 Records Manager 2114-17 Soil Scientist 2299-15 Archivist 2114-19 Agricultural Scientist 2299-17 Policy Analyst 2114-21 Agricultural Adviser 2299-19 Intelligence Officer 2114-79 Env.& Ag. Science Professionals not elsewhere classified 2299-79 Business and Information Professionals not elsewhere classified 2115-11 Medical Scientist 2311-11 General Medical Practitioner 2119-11 Physicist 2311-81 Medical Practitioner in Training 2119-13 Meteorologist 2312-11 Anaesthetist 2119-15 Extractive Metallurgist 2312-13 Dermatologist 2119-17 Physical Metallurgist 2312-15 Emergency Medicine Specialist 2119-19 Materials Scientist 2312-17 Obstetrician and Gynaecologist 2119-79 Natural and Physical Science Professionals not elsewhere classified 2312-19 Ophthalmologist 2121-11 Architect 2312-21 Paediatrician 2121-13 Landscape Architect 2312-23 Pathologist 2122-11 Quantity Surveyor 2312-25 Specialist Physician 2123-11 Cartographer 2312-27 Psychiatrist 2123-13 Surveyor 2312-29 Radiologist 2124-11 Civil Engineer 2312-31 Surgeon 2125-11 Electrical Engineer 2312-79 Specialist Medical Practitioners not elsewhere classified 2125-13 Electronics Engineer 2321-11 Nurse Manager 2126-11 Mechanical Engineer 2322-11 Nurse Educator 2126-13 Production or Plant Engineer 2322-13 Nurse Researcher 2127-11 Mining Engineer (excluding Petroleum) 2323-11 Registered Nurse 2127-13 Petroleum Engineer 2324-11 Registered Midwife 2127-15 Materials Engineer 2325-11 Registered Mental Health Nurse 2128-11 Civil Engineering Technologist 2326-11 Registered Developmental Disability Nurse 2128-13 Mechanical Engineering Technologist 2381-11 Dentist 2128-15 Electrical or Electronics Engineering Technologist 2381-13 Dental Specialist 2128-79 Engineering Technologists not elsewhere classified 2382-11 Hospital Pharmacist 2129-11 Aeronautical Engineer 2382-13 Industrial Pharmacist 2129-13 Agricultural Engineer 2382-15 Retail Pharmacist 2129-15 Biomedical Engineer 2383-11 Occupational Therapist 2129-17 Chemical Engineer 2384-11 Optometrist 2129-19 Industrial Engineer 2385-11 Physiotherapist 2129-21 Naval Architect 2386-11 Speech Pathologist 2129-79 Building and Engineering Professionals not elsewhere classified 2387-11 Chiropractor 2211-11 Accountant 2387-13 Osteopath 2212-11 External Auditor 2388-11 Podiatrist 2212-13 Internal Auditor 2391-11 Medical Diagnostic Radiographer 2213-11 Corporate Treasurer 2391-13 Radiation Therapist 2221-11 Public Relations Officer 2391-15 Nuclear Medicine Technologist 2221-13 Marketing Specialist 2391-17 Sonographer 2221-15 Market Research Analyst 2392-11 Veterinarian 2221-17 Advertising Specialist 2393-11 Dietician 2222-11 Sales Representative (Industrial Products) 2394-11 Naturopath 2222-13 Sales Representative (Information & Commun. Products) 2394-13 Acupuncturist 2222-15 Sales Representative (Medical & Pharmaceutical Products) 2394-79 Natural Therapy Professionals not elsewhere classified 2222-79 Technical Sales Representatives not elsewhere classified 2399-11 Audiologist 2291-11 Personnel Officer 2399-13 Orthoptist 2399-15 Orthotist 2536-15 Director of Photography 2399-79 Health Professionals not elsewhere classified 2536-17 Film and Video Editor 2411-11 Pre-Primary School Teacher 2536-19 Stage Manager 2412-11 Primary School Teacher 2536-21 Program Director (Radio or Television) 2413-11 Secondary School Teacher 2536-23 Technical Director 2414-11 Special Needs Teacher 2536-79 Film, Television, Radio and Stage Directors not elsewhere classified 2414-13 Teacher of the Hearing Impaired 2537-11 Music Director 2414-15 Teacher of the Sight Impaired 2537-13 Singer 2414-79 Special Education Teachers not elsewhere classified 2537-15 Instrumental Musician 2421-11 University Lecturer 2537-17 Composer 2421-13 University Tutor 2537-79 Musicians and Related Professionals not elsewhere classified 2422-11 Vocational Education Teacher 2538-11 Actor 2491-11 Art Teacher (Private) 2538-13 Dancer or Choreographer 2491-13 Music Teacher (Private) 2538-79 Actors, Dancers and Related Professionals not elsewhere classified 2491-15 Dance Teacher (Private) 2539-11 Radio Presenter 2491-17 Drama Teacher (Private) 2539-13 Television Presenter 2491-79 Extra-Systemic Teachers not elsewhere classified 2541-11 Aircraft Pilot 2492-11 English as a Second Language Teacher 2541-13 Air Traffic Controller 2493-11 Education Officer 2541-15 Flight Service Officer 2511-11 Social Worker 2541-17 Flight Engineer 2512-11 Welfare Worker 2541-19 Flying Instructor 2512-13 Community Worker 2541-79 Air Transport Professionals not elsewhere classified 2513-11 Rehabilitation Counsellor 2542-11 Ship’s Master 2513-13 Drug and Alcohol Counsellor 2542-13 Master Fisher 2513-15 Family Counsellor 2542-15 Ship’s Engineer 2513-17 Careers Counsellor 2542-17 Ship’s Surveyor 2513-19 Student Counsellor 2542-19 Ship’s Officer 2513-79 Counsellors not elsewhere classified 2542-79 Sea Transport Professionals not elsewhere classified 2514-11 Clinical Psychologist 2543-11 Occupational Health and Safety Officer 2514-13 Educational Psychologist 2543-13 Environmental Health Officer 2514-15 Organisational Psychologist 2549-11 Conservator 2514-79 Psychologists not elsewhere classified 2549-13 Electorate Officer 2521-11 Barrister 2549-15 Patents Examiner 2521-13 Solicitor 2549-17 Oenologist 2521-79 Legal Professionals not elsewhere classified 2549-19 Recreation Officer 2522-11 Economist 2549-21 Museum or Gallery Curator 2523-11 Urban and Regional Planner 2529-11 Historian 2529-13 Interpreter 2529-15 Translator 2529-79 Social Professionals not elsewhere classified 2531-11 Painter (Visual Arts) 2531-13 Sculptor 2531-15 Potter or Ceramic Artist 2531-79 Visual Arts and Crafts Professionals not elsewhere classified 2532-11 Photographer 2533-11 Fashion Designer 2533-13 Graphic Designer 2533-15 Industrial Designer 2533-17 Interior Designer 2533-19 Illustrator 2534-11 Editor 2534-13 Print Journalist 2534-15 Television Journalist 2534-17 Radio Journalist 2534-19 Copywriter 2534-21 Technical Writer 2534-79 Journalists and Related Professionals not elsewhere classified 2535-11 Author 2535-13 Book Editor 2535-15 Script Editor 2536-11 Art Director (Film, Television or Stage) 2536-13 Director (Film, Television, Radio or Stage) 3 ASSOCIATE PROFESSIONALS 3411-11 Enrolled Nurse 3421-11 Parole or Probation Officer 3111-11 Medical Laboratory Technical Officer 3421-13 Youth Worker 3111-79 Medical Technical Officers not elsewhere classified 3421-15 Residential Care Officer 3112-11 Chemistry Technical Officer 3421-17 Disabilities Services Officer 3112-13 Earth Science Technical Officer 3421-19 Family Support Worker 3112-15 Life Science Technical Officer 3491-11 Ambulance Officer 3112-17 Agricultural Technical Officer 3491-13 Intensive Care Ambulance Paramedic 3112-79 Science Technical Officers not elsewhere classified 3492-11 Dental Therapist 3121-11 Building Associate 3492-13 Dental Hygienist 3121-13 Architectural Associate 3492-15 Dental Technician 3121-15 Surveying and Cartographic Associate 3493-11 Aboriginal and Torres Strait Islander Health Worker 3121-17 Building Inspector 3494-11 Massage Therapist 3121-19 Plumbing Inspector 3911-01 Supervisor, Police Officers 3121-21 Plumbing Engineering Associate 3911-11 Police Officer 3122-11 Civil Engineering Associate 3991-11 Primary Products Inspector 3122-13 Civil Engineering Technician 3992-11 Safety Inspector 3123-11 Electrical Engineering Associate 3993-11 Jockey 3123-13 Electrical Engineering Technician 3993-13 Golfer 3124-11 Electronic Engineering Associate 3993-15 Footballer 3124-13 Electronic Engineering Technician 3993-17 Other Sportsperson 3125-11 Mechanical Engineering Associate 3993-19 Gymnastics Coach 3125-13 Mechanical Engineering Technician 3993-21 Tennis Coach 3129-11 Biomedical Engineering Associate 3993-23 Swimming Coach 3129-13 Metallurgical and Materials Technician 3993-25 Horse riding Coach 3129-15 Mine Deputy 3993-27 Other Sports Coach 3129-79 Building and Engineering Associate Professionals not elsewhere classified 3993-29 Sports Development Officer 3211-11 Branch Accountant (Financial Institution) 3993-31 Sports Umpire 3211-13 Financial Institution Branch Manager 3993-33 Horse or Dog Racing Official 3212-11 Stockbroking Dealer 3993-35 Other Sports Official 3212-13 Futures Trader 3995-11 Senior Fire Fighter 3212-15 Financial Market Dealer 3996-11 Retail Buyer 3212-17 Commodities Trader 3997-11 Library Technician 3212-19 Insurance Broker 3999-11 Interior Decorator 3212-21 Bookmaker 3999-13 Museum or Art Gallery Technician 3212-79 Financial Dealers and Brokers not elsewhere classified 3999-15 Radio Operator 3213-11 Financial Investment Adviser 3999-17 Private Investigator 3292-11 Project or Program Administrator 3999-19 Security Adviser 3294-11 Computing Support Technician 3321-11 Restaurant and Catering Manager 3322-01 Head Chef 3322-11 Chef 3323-11 Hotel or Motel Manager 3324-11 Club Manager (Licensed Premises) 3325-11 Caravan Park and Camping Ground Manager 3329-11 Other Hospitality and Accommodation Managers 3391-11 Fitness Centre Manager 3391-13 Other Sports Centre Manager 3391-15 Amusement Centre Manager 3391-79 Sport and Recreation Managers not elsewhere classified 3392-11 Customer Service Manager 3393-11 Transport Company Manager 3399-11 Post Office Manager 3399-13 Railway Station Manager 3399-15 Betting Agency Branch Manager 3399-17 Hair and Beauty Salon Manager 3399-19 Car Rental Agency Manager 3399-21 Fleet Manager 3399-23 Stock and Station Agent 3399-25 Travel Agency Manager 3399-27 Theatre or Cinema Manager 3399-29 Funeral Director 4 TRADESPERSONS AND RELATED WORKERS 4315-13 Business Machine Mechanic 4316-01 Supervisor, Communications Tradespersons 4111-01 Supervisor, General Mechanical Engineering Tradespersons 4316-11 General Communications Tradesperson 4111-11 General Mechanical Engineering Tradesperson 4316-13 Communications Linesperson 4112-01 Supervisor, Metal Fitters and Machinists 4411-01 Supervisor, Carpentry and Joinery Tradespersons 4112-11 Fitter 4411-11 Carpenter and Joiner 4112-13 Metal Machinist (First Class) 4411-13 Carpenter 4112-15 Textile, Clothing or Footwear Mechanic 4411-15 Joiner 4113-01 Supervisor, Toolmakers 4412-01 Supervisor, Fibrous Plasterers 4113-11 Toolmaker 4412-11 Fibrous Plasterer 4114-01 Supervisor, Aircraft Maintenance Engineers 4413-01 Supervisor, Roof Slaters and Tilers 4114-11 Aircraft Maintenance Engineer (Mechanical) 4413-11 Roof Slater and Tiler 4114-13 Aircraft Maintenance Engineer (Structures) 4414-01 Supervisor, Bricklayers 4114-15 Aircraft Maintenance Engineer (Avionics) 4414-11 Bricklayer 4115-01 Supervisor, Precision Metal Tradespersons 4415-01 Supervisor, Solid Plasterers 4115-11 Precision Instrument Maker and Repairer 4415-11 Solid Plasterer 4115-13 Watch and Clock Maker and Repairer 4416-01 Supervisor, Wall and Floor Tilers and Stonemasons 4115-15 Locksmith 4416-11 Wall and Floor Tiler 4115-17 Saw Maker and Repairer 4416-13 Stonemason 4115-19 Gunsmith 4421-01 Supervisor, Painters and Decorators 4115-21 Engraver 4421-11 Painter and Decorator 4121-01 Supervisor, General Fabrication Engineering Tradespersons 4422-01 Supervisor, Signwriters 4121-11 General Fabrication Engineering Tradesperson 4422-11 Signwriter 4122-01 Supervisor, Structural Steel and Welding Tradespersons 4423-01 Supervisor, Floor Finishers 4122-11 Metal Fabricator 4423-11 Floor Finisher 4122-13 Pressure Welder 4431-01 Supervisor, Plumbers 4122-15 Welder (First Class) 4431-11 General Plumber 4123-01 Supervisor, Forging Tradespersons 4431-13 Gasfitter 4123-11 Blacksmith 4431-15 Drainer 4123-13 Farrier 4431-17 Roof Plumber 4124-01 Supervisor, Sheetmetal Tradespersons 4431-19 Mechanical Services and Airconditioning Plumber 4124-11 Sheetmetal Worker (First Class) 4512-01 Supervisor, Bakers and Pastrycooks 4125-01 Supervisor, Metal Casting Tradespersons 4512-11 Baker 4125-11 Metal Casting Tradesperson 4512-13 Pastrycook 4126-01 Supervisor, Metal Finishing Tradespersons 4513-11 Cook 4126-11 Metal Polisher 4519-11 Miller 4126-13 Electroplater (First Class) 4519-13 Buttermaker or Cheesemaker 4211-01 Supervisor, Motor Mechanics 4519-15 Confectioner 4211-11 Motor Mechanic 4612-11 Shearer 4212-01 Supervisor, Automotive Electricians 4613-11 Wool Classer 4212-11 Automotive Electrician 4613-13 Hide and Skin Classer 4213-01 Supervisor, Panel Beaters 4614-11 Horse Trainer 4213-11 Panel Beater 4614-79 Animal Trainers not elsewhere classified 4214-01 Supervisor, Vehicle Painters 4621-11 Nurseryperson 4214-11 Vehicle Painter 4622-11 Greenkeeper 4215-01 Supervisor, Vehicle Body Makers 4623-01 Head Gardener 4215-11 Vehicle Body Maker 4623-11 General Gardener 4216-01 Supervisor, Vehicle Trimmers 4623-13 Landscape Gardener 4216-11 Vehicle Trimmer 4623-15 Tree Surgeon 4311-01 Supervisor, Electricians 4911-11 Graphic Pre-Press Tradesperson 4311-11 General Electrician 4912-11 Printing Machinist 4311-13 Electrician (Special Class) 4912-13 Small Offset Printer 4311-15 Lift Mechanic 4913-11 Binder and Finisher 4312-01 Supervisor, Refrigeration and Airconditioning Mechanics 4914-11 Screen Printer 4312-11 Refrigeration and Airconditioning Mechanic 4921-11 Wood Machinist (A-Grade) 4313-01 Supervisor, Electrical Distribution Tradespersons 4921-13 Wood Turner 4313-11 Electrical Powerline Tradesperson 4922-01 Supervisor, Cabinetmakers 4313-13 Cable Jointer 4922-11 Cabinetmaker 4314-01 Supervisor, Electronic Instrument Tradespersons 4929-11 Picture Framer 4314-11 General Electronic Instrument Tradesperson 4929-13 Furniture Finisher 4314-13 Electronic Instrument Tradesperson (Special Class) 4929-79 Wood Tradespersons not elsewhere classified 4315-01 Supervisor, Electronic and Office Equipment Tradespersons 4931-01 Supervisor, Hairdressers 4315-11 Electronic Equipment Tradesperson 4931-11 Hairdresser 4941-11 General Clothing Tradesperson 4941-13 Tailor 4941-15 Dressmaker 4941-17 Apparel Cutter 4941-19 Patternmaker-Grader (Clothing) 4941-79 Clothing Tradespersons not elsewhere classified 4942-11 Furniture Upholsterer 4942-79 Upholsterers and Bedding Tradespersons not elsewhere classified 4943-11 Shoemaker 4943-13 Medical Grade Shoemaker 4944-11 Leather Goods Maker 4944-13 Canvas Goods Maker 4944-15 Sail Maker 4981-11 Shipwright 4981-13 Boat Builder and Repairer 4982-11 Flat Glass Tradesperson 4982-13 Glass Blower 4983-11 Jeweller 4983-13 Gem Cutter and Polisher 4984-11 Florist 4985-11 Fire Fighter 4986-01 Supervisor, Drillers 4986-11 Driller 4987-01 Supervisor, Chemical, Petroleum and Gas Plant Operators 4987-11 Chemical Plant Operator 4987-13 Petroleum and Gas Plant Operator 4988-01 Supervisor, Power Generation Plant Operators 4988-11 Power Generation Plant Operator 4992-11 Sound Technician 4992-13 Camera Operator (Film, Television or Video) 4992-15 Television Equipment Operator 4992-17 Broadcast Transmitter Operator 4992-19 Motion Picture Projectionist 4992-21 Light Technician 4992-23 Production Assistant (Film, Television or Radio) 4992-25 Production Assistant (Theatre) 4992-27 Make Up Artist 4992-79 Performing Arts Support Workers not elsewhere classified 4999-11 Optical Mechanic 4999-13 Diver 4999-15 Aircraft Safety Equipment Worker 4999-17 Piano Tuner
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 4 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, for legislative reasons, can only be filled by an Australian citizen or permanent resident; and
—occupations of religious workers for which there are separate specialised temporary entry visa subclasses.
SCHEDULE D – Information and Communication Technology occupations allowable under Subclass 457 certified regional employment 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 |
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