EXPLANATORY STATEMENT
Migration Regulations 1994
OCCUPATIONS, LOCATIONS, SALARIES, AND RELEVANT ASSESSING AUTHORITIES FOR THE EMPLOYER NOMINATION SCHEME
(REGULATIONS 5.19(2)(h) AND (i), 121.211(b)(ii) AND 856.213(b))
- This Instrument is made under regulation 1.17, paragraphs 5.19(2)(i), subparagraphs 5.19(2)(h)(i) and (ii), 121.211(b)(ii) and 856.213(b)(ii), and sub-subparagraphs 121.211(b)(i)(A) and 856.213(b)(i)(A) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 5.19 sets out the criteria for a nominated position to be approved as an approved appointment. Paragraph 5.19(2)(h) provides that the tasks of the nominated position must correspond to the tasks of an occupation specified in a Gazette Notice and must be carried out in a location specified in a Gazette Notice. Paragraph 5.19(2)(i) provides that the nominated position will pay a salary that is at least the salary specified for the occupation and location in a Gazette Notice.
3. Sub-subparagraphs 856.213(b)(i)(A) and 121.211(b)(i)(A) provide that applicants for subclass 856 and subclass 121 visas respectively must have had their skills assessed as suitable by an assessing authority specified for the occupation in a Gazette Notice.
Subparagraphs 856.213(b)(ii) and 121.211(b)(ii) provide that applicants for subclass 856 and subclass 121 visas respectively must have been nominated for a position that pays at least the amount of salary specified in a Gazette Notice.
4. The purpose of the Instrument is to specify a revised minimum salary level reflective of highly skilled, senior manager positions not requiring skills assessments. The Instrument also reflects in the specified minimum salary levels of positions that require skills assessments, general wage movements occurring since publication of the last Gazette Notice signed 8 June 2005. It is also to ensure that the specified minimum salary levels remain indicative of the salaries for skilled positions.
5. The instrument operates to set out the occupations that can be nominated under the Employer Nomination Scheme, the relevant skills assessing authorities for each occupation, the minimum salary levels that apply to each occupation and the location, or locations, in Australia where those salary levels apply. The Instrument also specifies the salary level which visa applicants must be paid in a nominated position in order to meet skill requirements.
6. The Department of Employment and Workplace Relations was consulted on the constitution of the list of occupations and the salary levels.
7. The Instrument, IMMI 06/027, takes effect on the day after it is registered on the Federal Register of Legislative Instruments.