MINIMUM SALARY LEVELS AND OCCUPATIONS FOR THE TEMPORARY BUSINESS LONG STAY VISA (REGULATIONS 1.20B, 1.20G(2) AND 1.20GA(1)(a)(i))

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1 Commonwealth of Australia 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)) I, KEVIN ANDREWS, Minister for Immigration and Citizenship, acting 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 ): 1. REVOKE Instrument number IMMI 06/036, signed on 15 June 2006, specifying minimum salary levels for the purposes of regulation 1.20B and occupations for the purposes of subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Regulations; 2. SPECIFY each occupation listed in Schedules A and B to this Instrument as an occupation for the purposes of subregulation 1.20G(2) of the Regulations; AND 3. SPECIFY each occupation listed in Schedules C and D to this Instrument as an occupation for the purposes of subparagraph 1.20GA(1)(a)(i) of the Regulations; AND 4. SPECIFY for the purposes of regulation 1.20B that the minimum salary level is to be worked out in the following way and paid on a weekly, fortnightly or monthly basis: (i) where the Subclass 457 Business (Long Stay) visa holder works 38 hours or less per week in a given period: minimum salary level = applicable base salary x 6 x number of weeks in the given period 313 (ii) where the Subclass 457 Business (Long Stay) visa holder works more than 38 hours per week in a given period: minimum salary level = applicable base salary x 6 x number of hours worked in the given period (313 x 38)

2 Where: the applicable base salary is: (i) AUD 41,850 for occupations listed in Schedule A; (ii) AUD 57,300 for occupations listed in Schedule B; (iii)aud 37,665 for regionally certified occupations listed in Schedule C; (iv) AUD 51,570 for regionally certified occupations listed in Schedule D; unless the relevant Subclass 457 Business (Long Stay) visa was granted on the basis that the visa holder fell within the scope of subclause (6), in which case the applicable base salary is AUD 75,000; and the amount of salary paid to a person in a given period: (i) includes the person s base salary before tax separate from any allowances, bonuses, packaged items and the like only; and (ii) excludes any deductions from that amount except: (a) (b) Pay As You Go (PAYG) taxation; and Any amount that would be 100% tax deductible or otherwise exempt from Fringe Benefits Tax (FBT). NOTE: Deductions mentioned in (ii) may be made from amounts not included in (i). Illustrative examples Example 1 Susan is a Subclass 457 visa holder who works as a chef for 5 Star Noodles in Brisbane. Schedule A applies to Susan, as she works in a non-information and Communication Technology occupation in a non regional area. Therefore, the applicable base salary is $41,850 per year. Last financial year, Susan worked 50 hours a week for 52 weeks (2600 total hours) receiving weekly base salary payments of $875 before tax and total payments for the financial year of $45, before tax. As Susan worked more than 38 hours a week, the applicable minimum salary level can be worked out by applying the formula set out in paragraph 4(ii) of this Instrument: x 6 x 2600 = $54, x 38 The amount of salary paid to Susan in the given period was $45,645.84, which is less than the applicable minimum salary level in the circumstances: $54, Star Noodles have therefore breached their undertaking to pay Susan the minimum salary level. If Susan had worked 38 hours a week, 5 Star Noodles would have been paying above minimum salary level and therefore would not be in breach of this obligation.

3 Example 2 John is a Subclass 457 visa holder who works as a Software Designer for System Specialists Australia in Melbourne. Schedule B applies to John, as he works in an Information and Communication Technology occupation in a non regional area. Therefore, the applicable base salary is $57,300 per year. John works 35 hours a week and receives a fortnightly payment of $2,500 before tax including a living away from home allowance (LAFHA) of $200. Also, System Specialists Australia deducted $500 from John s before tax pay because he has elected to salary package a car and $100 because John has elected to salary package a notebook computer. As John worked less than 38 hours per week in the given period (35 hours per week), the minimum salary level can be worked out by applying the formula set out in paragraph 4(i) of this Instrument: x 6 x 2 = $2, The amount of salary paid to John in the given period can be worked out in accordance with the definition above: according to (i) in the Definition of the amount of salary paid to a person in a given period, the $200 LAFHA is not included. according to (ii)(b) in the Definition of the amount of salary paid to a person in a given period: o the $500 deduction from John s before tax pay for the car is not included (in John s circumstances the car was not 100% tax deductible or otherwise exempt from FBT); and o the $100 deduction for the notebook computer is included (in John s circumstances the notebook computer is 100% tax deductible). NOTE: As the notebook is included in the amount of salary paid to a person in a given period it is treated as salary in the subsequent calculations. John s fortnightly payment, therefore, has two components for the purpose of this instrument: 1. amounts that may be included in the amount of salary paid to a person in the given period: $2,300 ($2,500 - $200 LAFHA); and 2. other amounts paid in the given period: $200 LAFHA. The first $200 of the $500 deduction for the car from John s before tax pay for the car may be taken out of the other amounts paid in the given period ($200 LAFHA). The $300 balance, however, must be subtracted from the amounts that may be included in the amount of salary paid to a person in the given period: $2,300 $300 (balance of the deduction for the car) = $2,000

4 As a result, the amount salary paid to John in the given period for the purposes of this instrument is $2,000, which is less than the applicable minimum salary level of $2, System Specialists Australia has therefore breached their undertaking to pay John the minimum salary level. If the LAFHA had been paid in addition to a fortnightly payment of $2,500 before tax (that is, $2,700 before tax including a $200 LAFHA), the deduction of $500 before tax for the salary packaging of the car would not have reduced the amount of salary paid to John in the given period below the minimum salary level (it would have been $2,200). In these circumstances the deduction for the salary packaging of the car would not have resulted in System Specialists Australia breaching their obligation to pay John at least the minimum salary level. Similarly, if the $500 deduction before tax for the salary packing of the car had been a $300 deduction, then Systems Specialists Australia would not have been breaching their obligation to pay John at least the minimum salary level. Again, the amount of salary paid to John in the given period would have been $2,200. This Instrument, IMMI 07/007, commences on 10 September Dated 7 September 2007 KEVIN ANDREWS Minister for Immigration and Citizenship [NOTE 1: Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions. NOTE 2: 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 3: Subregulation 1.20G(1) of the Regulations provides 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 (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.]

5 SCHEDULE A non-information and Communication Technology occupations allowable under standard Subclass 457 arrangements 1 MANAGERS AND ADMINISTRATORS General Manager Science Technical Officers not elsewhere classified Construction Project Manager Building Associate Project Builder Architectural Associate Importer or Exporter Surveying and Cartographic Associate Wholesaler Building Inspector Manufacturer Plumbing Inspector Finance Manager Plumbing Engineering Associate Company Secretary Civil Engineering Associate Human Resource Manager Civil Engineering Technician Engineering Manager Electrical Engineering Associate Production Manager (Manufacturing) Electrical Engineering Technician Production Manager (Mining) Electronic Engineering Associate Supply and Distribution Manager Electronic Engineering Technician Sales and Marketing Manager Mechanical Engineering Associate Policy and Planning Manager Mechanical Engineering Technician Director of Nursing Biomedical Engineering Associate Medical Administrator Metallurgical and Materials Technician School Principal Mine Deputy Faculty Head Building and Engineering Associate Professionals not elsewhere classified Regional Education Manager Branch Accountant (Financial Institution) Education Managers not elsewhere classified Financial Institution Branch Manager Commissioned Fire Officer Stockbroking Dealer Commissioned Police Officer Futures Trader Child Care Co-ordinator Financial Market Dealer Media Producer Commodities Trader Artistic Director Insurance Broker Research & Development Manager Bookmaker Laboratory Manager Financial Dealers and Brokers not elsewhere classified Welfare Centre Manager Financial Investment Adviser Environment, Parks and Land Care Manager Project or Program Administrator Sports Administrator Computing Support Technician Specialist Managers not elsewhere classified Restaurant and Catering Manager Head Chef 2 PROFESSIONALS Chef Hotel or Motel Manager Chemist Club Manager (Licensed Premises) Geologist Caravan Park and Camping Ground Manager Geophysicist Other Hospitality and Accommodation Managers Anatomist or Physiologist Fitness Centre Manager Botanist Other Sports Centre Manager Zoologist Amusement Centre Manager Biochemist Sport and Recreation Managers not elsewhere classified Marine Biologist Customer Service Manager Life Scientists not elsewhere classified Transport Company Manager Environmental Research Scientist Post Office Manager Forester Railway Station Manager Park Ranger Betting Agency Branch Manager Soil Scientist Hair and Beauty Salon Manager Agricultural Scientist Car Rental Agency Manager Agricultural Adviser Fleet Manager Env.& Ag. Science Professionals not elsewhere classified Stock and Station Agent Medical Scientist Travel Agency Manager Physicist Theatre or Cinema Manager Meteorologist Funeral Director

6 Extractive Metallurgist Jockey Physical Metallurgist Golfer Materials Scientist Footballer Natural and Physical Science Professionals not elsewhere classified Other Sportsperson Architect Gymnastics Coach Landscape Architect Tennis Coach Quantity Surveyor Swimming Coach Cartographer Horse riding Coach Surveyor Other Sports Coach Civil Engineer Sports Development Officer Electrical Engineer Sports Umpire Electronics Engineer Horse or Dog Racing Official Mechanical Engineer Other Sports Official Production or Plant Engineer Enrolled Nurse Mining Engineer (excluding Petroleum) Parole or Probation Officer Petroleum Engineer Youth Worker Materials Engineer Residential Care Officer Civil Engineering Technologist Disabilities Services Officer Mechanical Engineering Technologist Family Support Worker Electrical or Electronics Engineering Technologist Ambulance Officer Engineering Technologists not elsewhere classified Intensive Care Ambulance Paramedic Aeronautical Engineer Dental Therapist Agricultural Engineer Dental Hygienist Biomedical Engineer Dental Technician Chemical Engineer Aboriginal and Torres Strait Islander Health Worker Industrial Engineer Massage Therapist Naval Architect Supervisor, Police Officers Building and Engineering Professionals not elsewhere classified Police Officer Accountant Primary Products Inspector External Auditor Safety Inspector Internal Auditor Senior Fire Fighter Corporate Treasurer Retail Buyer Public Relations Officer Library Technician Marketing Specialist Interior Decorator Market Research Analyst Museum or Art Gallery Technician Advertising Specialist Radio Operator Sales Representative (Industrial Products) Private Investigator Sales Representative (Information & Commun. Products) Security Adviser Sales Representative (Medical & Pharmaceutical Products) Technical Sales Representatives not elsewhere classified 4 TRADESPERSONS AND RELATED WORKERS Personnel Officer Personnel Consultant Supervisor, General Mechanical Engineering Tradespersons Industrial Relations Officer General Mechanical Engineering Tradesperson Training Officer Supervisor, Metal Fitters and Machinists Librarian Fitter Mathematician Metal Machinist (First Class) Statistician Textile, Clothing or Footwear Mechanic Actuary Supervisor, Toolmakers Management Consultant Toolmaker Organisation and Methods Analyst Supervisor, Aircraft Maintenance Engineers Quality Assurance Manager Aircraft Maintenance Engineer (Mechanical) Valuer Aircraft Maintenance Engineer (Structures) Land Economist Aircraft Maintenance Engineer (Avionics) Health Information Manager Supervisor, Precision Metal Tradespersons Records Manager Precision Instrument Maker and Repairer Archivist Watch and Clock Maker and Repairer Policy Analyst Locksmith Intelligence Officer Saw Maker and Repairer Business and Information Professionals not elsewhere classified Gunsmith General Medical Practitioner Engraver Medical Practitioner in Training Supervisor, General Fabrication Engineering Tradespersons Anaesthetist General Fabrication Engineering Tradesperson Dermatologist Supervisor, Structural Steel and Welding Tradespersons Emergency Medicine Specialist Metal Fabricator

7 Obstetrician and Gynaecologist Pressure Welder Ophthalmologist Welder (First Class) Paediatrician Supervisor, Forging Tradespersons Pathologist Blacksmith Specialist Physician Farrier Psychiatrist Supervisor, Sheetmetal Tradespersons Radiologist Sheetmetal Worker (First Class) Surgeon Supervisor, Metal Casting Tradespersons Specialist Medical Practitioners not elsewhere classified Metal Casting Tradesperson Nurse Manager Supervisor, Metal Finishing Tradespersons Nurse Educator Metal Polisher Nurse Researcher Electroplater (First Class) Registered Nurse Supervisor, Motor Mechanics Registered Midwife Motor Mechanic Registered Mental Health Nurse Supervisor, Automotive Electricians Registered Developmental Disability Nurse Automotive Electrician Dentist Supervisor, Panel Beaters Dental Specialist Panel Beater Hospital Pharmacist Supervisor, Vehicle Painters Industrial Pharmacist Vehicle Painter Retail Pharmacist Supervisor, Vehicle Body Makers Occupational Therapist Vehicle Body Maker Optometrist Supervisor, Vehicle Trimmers Physiotherapist Vehicle Trimmer Speech Pathologist Supervisor, Electricians Chiropractor General Electrician Osteopath Electrician (Special Class) Podiatrist Lift Mechanic Medical Diagnostic Radiographer Supervisor, Refrigeration and Airconditioning Mechanics Radiation Therapist Refrigeration and Airconditioning Mechanic Nuclear Medicine Technologist Supervisor, Electrical Distribution Tradespersons Sonographer Electrical Powerline Tradesperson Veterinarian Cable Jointer Dietician Supervisor, Electronic Instrument Tradespersons Naturopath General Electronic Instrument Tradesperson Acupuncturist Electronic Instrument Tradesperson (Special Class) Natural Therapy Professionals not elsewhere classified Supervisor, Electronic and Office Equipment Tradespersons Audiologist Electronic Equipment Tradesperson Orthoptist Business Machine Mechanic Orthotist Supervisor, Communications Tradespersons Health Professionals not elsewhere classified General Communications Tradesperson Pre-Primary School Teacher Communications Linesperson Primary School Teacher Supervisor, Carpentry and Joinery Tradespersons Secondary School Teacher Carpenter and Joiner Special Needs Teacher Carpenter Teacher of the Hearing Impaired Joiner Teacher of the Sight Impaired Supervisor, Fibrous Plasterers Special Education Teachers not elsewhere classified Fibrous Plasterer University Lecturer Supervisor, Roof Slaters and Tilers University Tutor Roof Slater and Tiler Vocational Education Teacher Supervisor, Bricklayers Art Teacher (Private) Bricklayer Music Teacher (Private) Supervisor, Solid Plasterers Dance Teacher (Private) Solid Plasterer Drama Teacher (Private) Supervisor, Wall and Floor Tilers and Stonemasons Extra-Systemic Teachers not elsewhere classified Wall and Floor Tiler English as a Second Language Teacher Stonemason Education Officer Supervisor, Painters and Decorators Social Worker Painter and Decorator Welfare Worker Supervisor, Signwriters Community Worker Signwriter Rehabilitation Counsellor Supervisor, Floor Finishers Drug and Alcohol Counsellor Floor Finisher Family Counsellor Supervisor, Plumbers

8 Careers Counsellor General Plumber Student Counsellor Gasfitter Counsellors not elsewhere classified Drainer Clinical Psychologist Roof Plumber Educational Psychologist Mechanical Services and Airconditioning Plumber Organisational Psychologist Supervisor, Bakers and Pastrycooks Psychologists not elsewhere classified Baker Barrister Pastrycook Solicitor Cook Legal Professionals not elsewhere classified Miller Economist Buttermaker or Cheesemaker Urban and Regional Planner Confectioner Historian Shearer Interpreter Wool Classer Translator Hide and Skin Classer Social Professionals not elsewhere classified Horse Trainer Painter (Visual Arts) Animal Trainers not elsewhere classified Sculptor Nurseryperson Potter or Ceramic Artist Greenkeeper Visual Arts and Crafts Professionals not elsewhere classified Head Gardener Photographer General Gardener Fashion Designer Landscape Gardener Graphic Designer Tree Surgeon Industrial Designer Graphic Pre-Press Tradesperson Interior Designer Printing Machinist Illustrator Small Offset Printer Editor Binder and Finisher Print Journalist Screen Printer Television Journalist Wood Machinist (A-Grade) Radio Journalist Wood Turner Copywriter Supervisor, Cabinetmakers Technical Writer Cabinetmaker Journalists and Related Professionals not elsewhere classified Picture Framer Author Furniture Finisher Book Editor Wood Tradespersons not elsewhere classified Script Editor Supervisor, Hairdressers Art Director (Film, Television or Stage) Hairdresser Director (Film, Television, Radio or Stage) General Clothing Tradesperson Director of Photography Tailor Film and Video Editor Dressmaker Stage Manager Apparel Cutter Program Director (Radio or Television) Patternmaker-Grader (Clothing) Technical Director Clothing Tradespersons not elsewhere classified Film, Television, Radio and Stage Directors not elsewhere classified Furniture Upholsterer Instrumental Musician Upholsterers and Bedding Tradespersons not elsewhere classified Music Director Shoemaker Singer Medical Grade Shoemaker Composer Leather Goods Maker Musicians and Related Professionals not elsewhere classified Canvas Goods Maker Actor Sail Maker Dancer or Choreographer Shipwright Actors, Dancers and Related Professionals not elsewhere classified Boat Builder and Repairer Radio Presenter Flat Glass Tradesperson Television Presenter Glass Blower Aircraft Pilot Jeweller Air Traffic Controller Gem Cutter and Polisher Flight Service Officer Florist Flight Engineer Fire Fighter Flying Instructor Supervisor, Drillers Air Transport Professionals not elsewhere classified Driller Ship's Master Supervisor, Chemical, Petroleum and Gas Plant Operators Master Fisher Chemical Plant Operator Ship's Engineer Petroleum and Gas Plant Operator Ship's Surveyor Supervisor, Power Generation Plant Operators

9 Ship's Officer Power Generation Plant Operator Sea Transport Professionals not elsewhere classified Sound Technician Occupational Health and Safety Officer Camera Operator (Film, Television or Video) Environmental Health Officer Television Equipment Operator Conservator Broadcast Transmitter Operator Electorate Officer Motion Picture Projectionist Patents Examiner Light Technician Oenologist Production Assistant (Film, Television or Radio) Recreation Officer Production Assistant (Theatre) Museum or Gallery Curator Make Up Artist Performing Arts Support Workers not elsewhere classified 3 ASSOCIATE PROFESSIONALS Optical Mechanic Diver Medical Laboratory Technical Officer Aircraft Safety Equipment Worker Medical Technical Officers not elsewhere classified Piano Tuner Chemistry Technical Officer Earth Science Technical Officer Life Science Technical Officer Agricultural Technical Officer 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 Small Goods 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.

10 SCHEDULE B Information and Communication Technology occupations allowable under standard Subclass 457 arrangements 1 MANAGERS AND ADMINISTRATORS Information Technology Manager 2 PROFESSIONALS Systems Manager Systems Designer Software Designer Applications and Analyst Programmer Systems Programmer Computer Systems Auditor Computing Professionals not elsewhere classified

11 SCHEDULE C non- Information and Communication Technology occupations allowable under Subclass 457 certified regional employment arrangements ALL OCCUPATIONS in Major Groups 1 to 7 of the Australian Standard Classification of Occupations ( ASCO Second Edition ), EXCLUDING: 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 small goods maker in Schedule A to this Instrument; occupations that are not elsewhere classified in ASCO Major Groups 5, 6 or 7; occupations that, for legislative reasons, can only be filled by an Australian citizen or permanent resident; occupations of religious workers for which there are separate specialised temporary entry visa subclasses; and tour guides.

12 SCHEDULE D Information and Communication Technology occupations allowable under Subclass 457 certified regional employment arrangements 1 MANAGERS AND ADMINISTRATORS Information Technology Manager 2 PROFESSIONALS Systems Manager Systems Designer Software Designer Applications and Analyst Programmer Systems Programmer Computer Systems Auditor Computing Professionals not elsewhere classified