The AMSR

The Department requires employer applicants to evidence the Australian Market Salary Rate (AMSR) for the position they intend on nominating. This means employers must correctly calculate the salary they will pay a potential employee they want to sponsor for a visa.

Importantly, the Department may disagree with an employer's calculations and replace it with their own (or refuse the application) on the basis they have different information about the proposed salary rate. The below tables assist employers calculate the correct minimum AMSR.

Note
It is prudent for employers to audit all staff in the business to ensure the AMSR is being paid to all employees. this will assist as evidence of a businesses compliance with industrial relations Laws and may assist with future applications to the Department.

Equivalent Worker

Use this table if you have an equivalent Australian worker, in the same position undertaking the same or substantially similar tasks at the same location.

Scenario

Relevant Information

Supporting Evidence

Salary is determined in accordance with an enterprise agreement or industrial award

The name of the agreement or award as recorded by the Fair Work Commission where applicable.

Note: the salary level/occupation group that applies to the nomination occupation must be specified.

N/A

An enterprise agreement or industrial award does not apply

Explanation of salary arrangements

Copies of relevant employment contracts and pay slips for other Australian workers performing equivalent work in that workplace.

 No Equivalent Worker

Use this table if you do not have an equivalent Australian worker, in the same position undertaking the same or substantially similar tasks at the same location.

Scenario

Relevant Information

Supporting Evidence

Salary is determined in accordance with an enterprise agreement or industrial award

The name of the agreement or award as recorded by the Fair Work Commission where applicable. Note: the salary level/occupation group that applies to the nomination occupation must be specified.

N/A

An enterprise agreement or industrial award does not apply

Explanation of how you have used relevant information to determine what an equivalent Australian worker would be paid.

At least two of the following:

  • Job Outlook information (see: www.joboutlook.gov.au);
  • advertisements from the last six months for equivalent positions in the same location (e.g. state, urban v’s regional area);
  • remuneration surveys completed by a reputable organisation; or
  • written advice from registered unions or employer associations.

 

Audit

The easiest way to understand the AMSR is to:

  1. review your organisation chart and ensure all levels of employees are listed against each occupation;
  2. proof your occupations (positions) against the Australian New Zealand Standard Clasification of Occupations (ANZSCO);
  3. adjust any outlying occupations (not position titles) to match the ANZSCO if required;
  4. research the minimum AMSR for each ANZSCO occupation and create pay levels based on individual skills and experience;
  5. document the AMSR for each occupation / position and ensure all staff are paid accordingly  and with reference to your levels.

AsK Us

If you need an risk assessment, audit or are just starting out you're welcome to ask us. U Migrate Australia and our younger sister U HR Australia is here to assist. Business members have direct access to our free advice line, or you can call reception on +61 3 9088 3101

Information provided on this site - page is not legal or immigration advice and you should seek assistance specific to your individual circumstances.