Migration Regulations 1994 Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa Notice 2009 (Cth)

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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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