EXPLANATORY STATEMENT
Migration Regulations 1994
EMPLOYER NOMINATION SCHEME - OCCUPATIONS, LOCATIONS, SALARIES, AND RELEVANT ASSESSING AUTHORITIES.
(PARAGRAPHS 5.19(2)(h) AND (i), 121.211(b), AND 856.213(b))
- This Instrument is made under paragraph 5.19(2)(i) and subparagraphs 5.19(2)(h)(i) and (ii) of the Migration Regulations 1994 (‘the Regulations’), and subparagraphs 121.211(b)(ii) and 856.213(b)(ii), and sub-subparagraphs 121.211(b)(i)(A) and 856.213(b)(i)(A), of Schedule 2 to the Regulations.
2. Regulation 5.19 allows the employer to apply for a nominated position to be approved as an approved appointment. Subparagraph 5.19(2)(h)(i) provides that the tasks of the nominated position must correspond to the tasks of an occupation specified in a Gazette Notice for that subparagraph, and subparagraph 5.19(2)(h)(ii) provides that those tasks must be carried out in a location specified in a Gazette Notice for that subparagraph. Paragraph 5.19(2)(i) provides that the employee in the nominated position will be paid a salary that is at least the salary specified for the relevant occupation and location in a Gazette Notice for this paragraph.
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 relevant occupation in a Gazette Notice for the relevant sub-subparagraphs.
4. Subparagraphs 856.213(b)(ii) and 121.211(b)(ii) provide that applicants for subclass 856 and subclass 121 visas respectively will be paid a salary in their nominated position that is at least the amount of salary specified in a Gazette Notice for the relevant subparagraph.
5. The Instrument operates to specify the occupations that tasks of a nominated position may correspond to, where those tasks may be carried out, which skills assessing authorities are responsible for determining whether an applicant has skills that are satisfactory for specified skilled occupations, and to specify minimum salary levels that must be paid to an employee in a nominated position.
6. The purpose of this Instrument is to increase the minimum salary level as it applies to the Employer Nomination Scheme by 4.1%. This is achieved by increasing the amount in Column 3 of the instrument by 4.1%. Column 3 specifies the annual base salary that must be paid to visa holders for the purposes of Division 5.3, paragraph 5.19(2)(i) of the Regulations.
7. The following documents are incorporated in the instrument by reference:
- The Australian Standard Classification of Occupations (Second Edition) (ABS Catalogue No. 1220.0), available online from the Australian Bureau of Statistics at www.abs.gov.au/Ausstats.
8. On advice from my department I consider that, having regard to section 18 of the Legislative Instruments Act 2003, consultations were not necessary or were inappropriate as this instrument relates to employment.
9. The instrument, IMMI 09/066, commences on 1 July 2009.