EXPLANATORY STATEMENT
Migration Regulations 1994
MINIMUM SALARY LEVELS AND OCCUPATIONS FOR THE TEMPORARY BUSINESS LONG STAY VISA
(REGULATIONS 1.20B, 1.20G(2) AND 1.20GA(1)(a)(i))
- This instrument is made under regulations 1.17 and 1.20B, subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.20B defines the minimum salary level to be paid to certain persons who are granted a Subclass 457 (Business (Long Stay)) visa as that specified in a Gazette Notice. Subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Regulations provide that the tasks of positions for which applicants for Subclass 457 visas are nominated by employers must correspond to the tasks of an occupation specified in a Gazette Notice for the relevant provision.
3. The purpose of this Instrument is to:
(i) remove occupations covered by an industry labour agreement from being nominated under Subclass 457 Standard Business Sponsorship arrangements;
(ii) redefine certain other occupations that may be nominated under Subclass 457 Standard Business Sponsorship arrangements;
(iii) clarify the methodology for calculating the level of salary for the purposes of defining the minimum salary level;
(iv) specify a new minimum salary level with respect to applicants who met the subclause 457.223(6) exemption to the English language requirement; and
(v) provide illustrative examples to assist employers and visa holders in verifying whether or not the level of salary paid to the visa holder is at least the minimum salary level.
4. The Instrument operates by excluding from the specification of occupations “Supervisor Meat Tradesperson” and “Slaughterperson” as these occupations fall within the skilled meatworker definition of the meat industry labour agreement. The Instrument specifies the role of “retail butcher” and “smallgoods maker” to cover other skilled meatworker roles to the extent that they are not covered by the labour agreement framework. The Instrument specifies the methodology for calculating the minimum salary level using a salary formula, new definitions and illustrative examples. The Instrument specifies a new minimum salary level of AUD75,000 with respect to applicants who met 457.223(6).
5. The following document is incorporated in the Instrument by reference:
- Australian Standard Classification of Occupations (ASCO) Second Edition, 1997, available at http://www.abs.gov.au/AUSSTATS
6. The Department of Employment and Workplace Relations was consulted on the occupations removed or redefined by this Instrument. No other consultations were considered to be appropriate.
7. The Instrument, IMMI 07/007, commences on 10 September 2007.